IN THE CASE OF:
BOARD DATE: 20 October 2015
DOCKET NUMBER: AR20150003805
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-6145 instead of XXX-XX-0145.
2. The applicant states, in effect, his DD Form 214 incorrectly shows his SSN as
XXX-XX-0145.
3. The applicant provides:
* DD Form 214
* photocopy of his social security card
* photocopy of his Medicare 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. The applicant's records show he accepted an appointment as a Reserve officer on 23 June 1965.
3. On 7 April 1969, he was honorably released from active duty. His DD Form 214 shows his SSN as XXX-XX-0145.
4. His military record contains three documents that list his SSN as he contends it should be listed (XXX-XX-6145):
* U.S. Army Republic of Vietnam (USARV) Form 235-R (Request for Investigative Records Repository Check), dated 12 September 1967
* General Orders (GO) Number 121, dated 23 July 1968, issued by Headquarters, Provisional Corps Vietnam, awarding the applicant the Bronze Star Medal
* U.S. Army Administration Center (USAAC) Form 115 (Statement of Retirement Points), dated 22 September 1970
5. He provides copies of his social security and Medicare cards which show his SSN as XXX-XX-6145.
DISCUSSION AND CONCLUSIONS:
The evidence in the applicant's record indicates SSN XXX-XX-6145 was used during his military service. It is reasonable to conclude that an administrative error was made when recording the applicant's SSN on his DD Form 214. It would be appropriate to correct his DD Form 214 to show the SSN listed on his social security card.
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 the SSN listed 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) AR20150003805
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20150003805
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