IN THE CASE OF:  	  

		BOARD DATE:  18 February 2016	  

		DOCKET NUMBER:  AR20150008159 


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-XXX5 instead of XXX-XX-XXX9.

2.  The applicant states:

* his SSN is listed incorrectly on his DD Form 214
* his Medicare health insurance identification card shows his correct SSN
* he is applying for Department of Veterans Affairs benefits

3.  The applicant provides:

* Social Security Benefit Statement, dated 21 January 2015
* Medicare health insurance identification card
* DD Form 214

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 18 November 1965.

3.  In conjunction with his induction, he completed a DD Form 398 (Statement of Personal History) showing he failed to record his SSN.

4.  His DA Form 20 (Enlisted Qualification Record) and DA Form 41 (Record of Emergency Data) both show his SSN as XXX-XX-XXX5.

5.  On 5 October 1967, he was honorably released from active duty.  Item 3 (SSN) of his DD Form 214 shows his SSN as XXX-XX-XXX9.

6.  He provided copies of his Social Security Benefit Statement, dated 21 January 2014, and Medicare health insurance identification card that show his SSN as XXX-XX-XXX5.

7.  His DA Form 2139 (Military Pay Voucher) is not available for review.

8.  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.  The instructions for item 3 of the DD Form 214 stated to transcribe the SSN from the individual's DA Form 2139.

DISCUSSION AND CONCLUSIONS:

Although his DA Form 2139 is not available for review, his DA Form 20 and DA Form 41 show his SSN as XXX-XX-XXX5.  It appears his SSN was incorrectly recorded on his DD form 214 at the time of his release from active duty on 5 October 1967.  His DD Form 214 should be corrected 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 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 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)                                         AR20150008159



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150008159



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1