IN THE CASE OF:	   

	BOARD DATE:	  15 October 2015

	DOCKET NUMBER:  AR20150004002


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 correct social security number (SSN).

2.  The applicant states the SSN on his DD Form 214 is wrong and is causing him problems.

3.  The applicant provides copies of his:

* Medicare Health Insurance Card
* social security 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.  On 22 July 1966, the applicant was inducted into the Army of the United States.  A review of the applicant’s military records revealed several documents showing the SSN he claims to be correct.

* DD Form 398 (Statement of Personal History), shows his SSN as "499-xx-xxxx"
* DA Form 3027 (U.S. Army Request for National Agency Check), shows his SSN as "499-xx-xxxx"
* Unit Order Number 39 issued on 24 April 1968 shows his SSN as "499-xx-xxxx"

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows his SSN as "409-xx-xxxx."

4.  On 31 January 1969, the applicant was released from active duty.  His DD Form 214 shows his SSN as "409-xx-xxxx" in item 3. 

5.  The social security card he provided shows the same SSN as recorded in his military records except for the DA Form 20.

6.  Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.

DISCUSSION AND CONCLUSIONS:

After reviewing the available documents in the applicant’s military records and comparing them with his social security card, it is apparent that his SSN was entered incorrectly on his DD Form 214.  Accordingly, it would be appropriate to correct this error.



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 showing on his DD Form 214 his social security number as indicated 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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20150004002



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