IN THE CASE OF:
BOARD DATE: 17 September 2015
DOCKET NUMBER: AR20150002655
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) and other military records to show his social security number (SSN) as "XXX-XX-XX4X" instead of "XXX-XX-XX1X."
2. The applicant states the SSN shown on his DD Form 214 is incorrect.
3. The applicant provides copies of his DD Form 214 and his Medicare Health Insurance Card.
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. On 20 January 1966, the applicant completed a DD Form 398 (Statement of Personal History). He listed his SSN as "XXX-XX-XX4X," as it is shown on his Medicare Health Insurance Card. He was inducted into the Army on 27 January 1966.
3. The applicant's Official Military Personnel File (OMPF) contains a DA Form 41 (Record of Emergency Data), dated 27 January 1966, which shows "XXX-XX-XX4X" as his SSN. The same SSN is shown on every document contained in his official record requiring its use, except for his DD Form 214.
4. The applicant was honorably released from active duty on 10 December 1967. He was transferred to a U.S. Army Reserve (USAR) Control Group to complete his Reserve obligation. Item 3 (SSN) on his DD Form 214 shows his SSN as "XXX-XX-XX1X."
5. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. His DD Form 398, DA Form 41, and every document contained in his official record requiring use of an SSN, except for his DD Form 214, all show the same SSN as the one he contends is correct.
2. It appears that during the preparation of his DD Form 214 an administrative error occurred that resulted in the listing of an incorrect SSN.
3. It would be appropriate at this time to correct the applicant's DD Form 214 to show his SSN as shown on his DA Form 41.
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 item 3 on his DD Form 214 to show his SSN as shown on his
DA Form 41.
__________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) AR20150002655
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ABCMR Record of Proceedings (cont) AR20150002655
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