IN THE CASE OF:
BOARD DATE: 8 September 2015
DOCKET NUMBER: AR20150001878
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-XX50 instead of XXX-XX-XX49.
2. The applicant states his DD Form 214 shows an incorrect SSN.
3. The applicant provides:
* social security card
* Medicare Health Insurance Card
* DD Form 214
* letter from the Dutchess County Division of Veterans' Services, dated 8 October 2014
* Department of Veterans Affairs Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative)
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 5 December 1966.
3. In conjunction with his induction, he completed a DD Form 398 (Statement of Personal History) that shows his SSN as XXX-XX-XX50.
4. His records also contain a DD Form 41 (Record of Emergency Data), dated 6 February 1968, that shows his SSN as XXX-XX-XX50.
5. On 4 December 1968, he was honorably released from active duty. His DD Form 214 shows his SSN as XXX-XX-XX49.
6. He provided a copy of his social security card and Medicare Health Insurance card that list his SSN as XXX-XX-XX50.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide an individual with documentary evidence of his or her military service. It is important that information entered on the form is complete and accurate.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant recorded his SSN as XXX-XX-XX50 during his induction processing. It appears his SSN was transcribed incorrectly at the time of his release from active duty on 4 December 1968. His DD Form 214 should be corrected to show his SSN as it appears on his DD Form 398.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 shown on his DD Form 398.
_____________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) AR20150001878
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ABCMR Record of Proceedings (cont) AR20150001878
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