IN THE CASE OF: BOARD DATE: 17 May 2016 DOCKET NUMBER: AR20150010500 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 17 May 2016 DOCKET NUMBER: AR20150010500 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 of the individual concerned be corrected by deleting from item 3 of his DD Form 214 the social security number listed and replacing it with the same social security number as listed 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. IN THE CASE OF: BOARD DATE: 17 May 2016 DOCKET NUMBER: AR20150010500 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 "XX6-XX-7XXX" instead of "XX1-XX-2XXX." 2. The applicant states, in effect, his Combat-Related Special Compensation (CRSC) was approved. However, the Defense Finance and Accounting Service advised him that the SSN listed on his DD Form 214 was held by another individual who died last year. His Social Security Card lists his SSN as "XX6-XX-7XXX." 3. The applicant provides copies of: * DD Form 214 * his and his spouse's U.S. Army Retired Identification (ID) Cards * Social Security Card * Department of Veterans Affairs (VA) Form 21-4703 (Fiduciary Agreement) * VA Form 27-555 (Certificate of Legal Capacity to Receive and Disburse Benefits) * two letters from the VA and the U.S. Army Human Resources Command (HRC) * DD Form 2892 (Certificate of Eligibility for Retired Members) 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 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 insufficient bases to waive the statute of limitations. 2. The applicant was inducted into the Army of United States (AUS) on 29 September 1967. At the time of his induction, he was assigned and identified with a service number starting with "US" for United States. His military record contains: * DD Form 47 (Record of Induction), dated 29 September 1967, which lists his SSN as "XX6-XX-7XXX" * Special Orders (SO) Number 50, issued by the Armed Forces Examination and Entrance Station on 29 September 1967, which lists his SSN as "XX6-XX-7XXX" * DD Form 1584 (National Agency Check Request), dated 20 October 1967, which lists his SSN as "XX6-XX-7XXX" * SO Number 354, issued by Headquarters, U.S. Army Training Center, Fort Ord, CA on 20 December 1967, which lists his SSN as "XX6-XX-7XXX" * SO Number 7, issued by Headquarters, U.S. Army Training Center, Fort Lewis, WA on 7 January 1968, which lists his SSN as "XX6-XX-7XXX" 3. He served in Vietnam from 25 March 1968 through on or about 10 December 1968. 4. His records also contain: * SO Number 087, issued by Headquarters, U.S. Army Republic of Vietnam, Transient Detachment on 27 March 1968, assigning him to the 23rd Adjutant General Administrative Company; the orders show his SSN as "XX6-XX-7XXX" * General Orders Number 7, issued by Headquarters, 312th Evacuation Hospital on 7 October 1968, awarding him the Purple Heart for wounds received in action on 6 October 1968 in Vietnam; the orders list his SSN as "Unknown" * DA Form 20 (Enlisted Qualification Record), dated 26 October 1968, which lists his SSN as "XX1-XX-2XXX" * DA Form 8-118 (Medical Board Proceedings) showing a board convened on 18 December 1968 and found him medically unfit for shell fragment wounds to the right side of his skull, multiple fragment wounds to his lower extremities, and partial deafness; the form lists his SSN as "XX1-XX-2XXX" * DA Form 199 (Physical Evaluation Board Proceedings) showing an informal board convened on 31 January 1969 and found him permanently disabled for further military service; the form lists his SSN as "XX1-XX-2XXX" * SO Number 38, issued by Headquarters, Tripler Army Medical Center on 17 February 1969, which lists his SSN as "XX1-XX-2XXX" * AGPZ Form 977 (Data for Retired Pay), dated 4 March 1969, which lists his SSN as "XX1-XX-2XXX" 5. He was retired on 19 March 1969 for permanent disability. Item 3 (SSN) of his DD Form 214 lists his SSN as "XX1-XX-2XXX." 6. He provides copies of: * U.S. Army Retired ID Card, issued on 6 February 2014, which does not list his SSN * Social Security Card which lists his SSN as "XX6-XX-7XXX" * VA Form 21-4703, dated 12 January 2001, which lists his SSN as "XX6-XX-7XXX" * VA Form 27-555, dated 16 January 2001, which lists his SSN as "XX6-XX-7XXX" * Letter, dated 19 January 2001, in which the VA advised his spouse of entitlement to VA funds as a Spouse-Payee; the letter does not list his SSN * Letter, dated 2 April 2015, in which the HRC, CRSC Branch, advised him of the approved claim for a total combat-related disability of 100 percent; the letter does not list his SSN * DD Form 2892, dated 4 June 2015, which lists his SSN as "XX6-XX-7XXX" REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established the standardized policy for the preparation of the DD Form 214. It stated 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. The regulation stated item 3 would list the SSN verified in the Soldier's record. DISCUSSION AND CONCLUSIONS: There evidence of record confirms the applicant served in the AUS with the SSN of "XX6-XX-7XXX." It appears during his medical processing his SSN was mistakenly listed as "XX1-XX-2XXX." His DD Form 214 lists that SSN. There is sufficient evidence showing the SSN listed on his DD Form 214 is incorrect. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010500 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010500 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2