IN THE CASE OF:	   

		BOARD DATE:	  10 June 2014

		DOCKET NUMBER:  AR20130019652 


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 562-XX-XXXX vice 642-XX-XXXX.

2.  He states the SSN shown on his DD Form 214 is incorrect.  He was notified that his monthly pension would stop because of the wrong SSN.

3.  He provides 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.  The applicant's records show he was inducted into the Army of the United States on 26 October 1965.

3.  A thorough review of his records shows he used the SSN 562-XX-XXXX the entire time he was in an active duty status.  These documents include:

* DD Form 398 (Statement of Personal History), dated 24 August 1965
* DA Form 3027 (U.S. Army Request for National Agency Check), dated 29 October 1965

4.  He was released from active duty on 17 October 1967.  Item 3 (Social Security Number) of his DD Form 214 shows his SSN as 642-XX-XXXX. 

5.  He provided a copy of his Medicare Health Insurance card showing his SSN as 562-XX-XXXX.

6.  Army Regulation 635-8 (Separation Processing and Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparation of the DD Form 214.  It states the DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

The SSN shown on the applicant's DD Form 214 does not match the SSN under which he served.  His DD Form 398 and DA Form 3027 show the SSN under which he served as 562-XX-XXXX.  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 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 deleting the current entry from item 3 of his DD Form 214 and replacing it with the SSN 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)                                         AR20130019652



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ABCMR Record of Proceedings (cont)                                         AR20130019652



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