IN THE CASE OF:	  

		BOARD DATE:	  28 April 2015

		DOCKET NUMBER:  AR20140015898 


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 item 3 (Social Security Number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his SSN as "157--XXXX" instead of "159--XXXX."

2.  The applicant states his correct SSN has always been "157--XXXX" and was the same at the time of his discharge.  He did not discover the error until recently.  His DD Form 214 should list his correct SSN.

3.  The applicant provides copies of his DD Form 214 and 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2.  The applicant was inducted into the Army of the United States (AUS) on 29 November 1965.  At the time of his induction, he was assigned and identified with a service number.  His records contain the following:

* DA Form 41 (Record of Emergency Data), dated 29 November 1965, which lists his SSN as "157--XXXX"
* DA Form 20 (Enlisted Qualification Record), dated 3 July 1967, which lists his SSN as "159--XXXX"

3.  He was released from active duty on 13 November 1967.  Item 3 of his DD Form 214 lists his SSN as "159--XXXX"

4.  His records also contain the following:

* U.S. Army Administration Center (USAAC) Form 170 (Army Reserve Personnel Data Review), dated 27 January 1968, which lists his SSN as "157--XXXX"
* Letter Orders Number 11-1280233 discharging him from the USAR on 28 November 1971; the orders list his SSN as "157--XXXX"

5.  He provided a copy of his Medicare Health Insurance card which lists his SSN as "157--XXXX."

6.  Army Regulation 635-5 (Separation Documents, in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The regulation stated item 3 would list the SSN verified in the Soldier's records.

DISCUSSION AND CONCLUSIONS:

The applicant's DA Form 41 and a USAAC Form 171 list his SSN as "157--XXXX."  His USAR discharge orders also list that SSN.  Therefore, the evidence of record is sufficient to warrant correction of item 3 of his DD Form 214 to show his SSN as shown on his Medicare Health Insurance 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 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 from item 3 of the applicant's DD Form 214 the SSN listed and replacing it with the same SSN as listed 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)                                         AR20140015898





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140015898



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1