IN THE CASE OF:
BOARD DATE: 31 March 2015
DOCKET NUMBER: AR20140014510
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as "XXX-XX-XX26" instead of "XXX-XX-XX62."
2. He states the SSN shown on his DD Form 214 is incorrect.
3. He provides:
* DD Form 214
* Form SSA-2458 (Report of Confidential Social Security Benefit Information), dated 29 April 2014
* social security card
* Medicare Health Insurance card
* Congressional correspondence
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army of the United States on
24 November 1965. At the time of induction, he was assigned a military service number that was primarily used for identification purposes. However, his SSN appears to have been added to his Record of Induction at a later date.
3. All the documents in his record containing an SSN created during his military service show his SSN as XXX-XX-XX26. These documents include:
* DD Form 398 (Statement of Personal History), dated 22 November 1965
* DA Form 20 (Enlisted Qualification Record)
* DA Form 348 (Equipment Operator's Qualification Record), dated
2 September 1967
4. On 22 November 1967, he was honorably released from active duty and credited with completing 1 year, 11 months, and 29 days of active duty service.
5. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-XX62."
6. His social security card, Medicare Health Insurance card, and Social Security Benefit Information document show his SSN as "XXX-XX-XX26."
7. Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
It appears the applicant's service number was used throughout his period of enlisted service. However, his DD Form 398, DA Form 20, DA Form 348, and social security card confirm his SSN as XXX-XX-XX26. Therefore, he is entitled to correction of his DD Form 214 to show this SSN.
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show his SSN as it appears on his social security card.
_______ _ X______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20140014510
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