IN THE CASE OF: BOARD DATE: 5 November 2015 DOCKET NUMBER: AR20150004293 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, in effect, reconsideration of his earlier request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * his correct social security number (SSN) * award of two Purple Hearts 2. The applicant states this is his second request. He argues that he was given a Purple Heart in Saigon at the 17th Field Hospital and later a second Purple Heart at MacDill Air Force Base. He further argues that his SSN is incorrect on his DD Form 214. 3. The applicant provides: * Form SSA-2458 (Report of Confidential Social Security Benefit Information) dated 15 September 2014 * Copy of his social security card * Copy of 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. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20110013003, on 15 December 2011. The staff of the ABCMR reviewed his request for reconsideration and determined that it was not received within one year of the ABCMR's original decision. Furthermore, he has not provided any new evidence or new argument warranting the Board’s reconsideration of award of the Purple Heart. As a result, this portion of his request does not meet the established criteria for reconsideration. Accordingly, this issue will not be further discussed in these proceedings. 3. However, an exception to this policy is warranted with regard to portion of his request pertaining to his SSN. A careful review of his military records revealed documents not previously considered which merit the Board’s consideration. 4. The original record of proceedings states the applicant requested correction of his DD Form 214 to show his correct SSN. The board determined that he had used the same SSN throughout his entire period of military service. Accordingly, his request to change the SSN as shown on his DD Form 214 was denied because the Army has an interest in maintaining the accuracy of its records for historical purposes. 5. A DA Form 41 (Record of Emergency Data) completed at the time of his induction into the Army of the United States reflects the SSN that he claims is correct. There is no indication that this document was considered by the previous Board. 6. On 25 September 1968, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows the SSN that he claims is incorrect. DISCUSSION AND CONCLUSIONS: 1. The applicant requests, in effect, reconsideration of his earlier request for correction of his DD Form 214 to show his correct SSN. 2. The applicant’s DA Form 41 indicates that he used the SSN that he claims is correct and which is different from the SSN shown on his DD Form 214. Therefore, it would be appropriate to correct his DD Form 214 to show his SSN as indicated on both his DA Form 41 and 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 that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20110013003, dated 15 December 2011. As a result, the Board recommends that the applicant’s DD Form 214 be corrected to show his SSN as it shown 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) AR20150001151 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004293 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1