BOARD DATE: 9 May 2017 DOCKET NUMBER: AR20150018220 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 BOARD DATE: 9 May 2017 DOCKET NUMBER: AR20150018220 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 the current entry from item 3 (SSN) of his 14 April 1970 DD Form 214 (Report of Separation from Active Duty) and replacing the entry with the SSN as shown on his DD Form 398 (Statement of Personal History) and DD Form 4 (Enlistment Record – Armed Forces of the United States). ____________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. BOARD DATE: 9 May 2017 DOCKET NUMBER: AR20150018220 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 records to show his social security number (SSN) as "XXX-XX-53XX" instead of "XXX-XX-65XX." 2. The applicant states the SSN recorded on his 14 April 1970 DD Form 214 (Report of Separation from Active Duty) is incorrect. He requests his SSN be corrected as shown on his Medicare card. He needs the correction in order to apply for Department of Veterans Affairs (VA) benefits. 3. The applicant provides copies of: * Medicare Health Insurance Card, effective 1 August 2012 * 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. On 29 June 1967, the applicant completed and signed a DD Form 398 (Statement of Personal History) that shows he entered "XXX-XX-53XX" in the SSN block. 3. A DD Form 4 (Enlistment Record – Armed Forces of the United States) shows the applicant enlisted in the Regular Army on 5 July 1967. At the time the applicant enlisted, the U.S. Armed Forces did not use the SSN for identification. He was issued a service number. The DD Form 4 shows in item 37 (Remarks) "SSAN: XXX-XX-53XX." 4. His DA Form 20 (Enlisted Qualification Record), prepared on 18 January 1968 and audited by the applicant on 26 February 1970, shows in item 1 (Name and Service Number), in pertinent part, his SSN is recorded as "XXX-XX-65XX." 5. A DD Form 214 shows the applicant entered active duty on 5 July 1967 and was discharged under honorable conditions on 14 April 1970. He had completed 1 year, 7 months, and 1 day of net active service this period. It shows in item 3 (SSN) the entry "XXX-XX-65XX." 6. On 11 July 1978, a DD Form 215 (Correction to DD Form 214) was issued showing his SSN as "XXX-XX-65XX." REFERENCES: Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. The instructions show for item 3, transcribe SSN from DA Form 2139 (Military Pay Voucher). DISCUSSION: 1. The U.S. Army was not using the SSN for identification purposes at the time the applicant enlisted. However, the applicant recorded his SSN as "XXX-XX-53XX" on the DA Form 398 and DD Form 4 before/when he enlisted in the Regular Army. 2. Based on the evidence of record, it is reasonable to conclude that the sixth and seventh digits of the applicant's SSN were incorrectly recorded in his military service records when the U.S. Armed Forces began using the SSN. As such, it appears that an administrative error occurred during his military service resulting in the incorrect listing of his SSN on his DD Form 214 when he was discharged. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018220 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018220 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2