SAMR-RB 10 September 2019 MEMORANDUM FOR Case Management Division, US Army Review Boards Agency, 251 18th Street South, Suite 385, Arlington, VA 22202-3531 SUBJECT: Army Board for Correction of Military Records Record of Proceedings for XXXXX, XXXXXX X., SSN XXXXXXXx, AR20170011888 1. Reference the attached Army Board for Correction of Military Records Record of Proceedings, dated 6 May 2019, in which the Board members recommended denial of the applicant’s request. 2. I have reviewed the findings, conclusions, and Board member recommendations. I find there is sufficient evidence to grant relief. Therefore, under the authority of Title 10, United States Code, section 1552, I direct that all Department of the Army Records of the individual concerned be corrected by amending his DD Form 214 for the period of service ending 11 December 1967 to reflect the Social Security Number on the Social Security Card he provided in item 3 (Social Security Number). 3. Request necessary administrative action be taken to effect the correction of records as indicated no later than 30 November 2019. Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence. BY ORDER OF THE SECRETARY OF THE ARMY: Encl CF: ( ) OMPF ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 May 2019 DOCKET NUMBER: AR20170011888 APPLICANT REQUESTS: correction to his 1967 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as 544-xx-xxxx instead of 352-xx-xxxx. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) from the applicant * DD Form 149 from applicant’s power of attorney, his sister * Power of Attorney, dated 3 March 2017 * Personal Statement * Letter Orders Number 9-322, dated 27 September 1967 * DA Form 137 (Installation Clearance Record), dated 1 December 1967 * DD Form 214 for the period ending 11 December 1967 * Social Security Benefits Statement * Social Security Card * Medicare Card * DD Form 149, dated 26 August 2004 * Department of Veterans Affairs letter, dated 18 August 2017 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20040008670 on 14 July 2005. 2. The Board received two applications. The first application is from the applicant and the second application is from his sister, who has legal power of attorney to act on behalf of the applicant. The applicant submitted a letter he wrote to the Department of Veterans Affairs (VA). He explained his SSN is incorrect on his 1967 DD Form 214. He also explained he is in very poor health suffering from chronic pain, prostate cancer, lung nodules and memory loss. He was living in an assisted living center, but he cannot afford it. He needs financial assistance from the VA; however, because of the error on his DD Form 214 he can’t get it. He relies on his siblings to financially assist him, but not for the long term. 3. His sister wrote that when he entered the military, his SSN was incorrectly entered into the system. His DD Form 214 is incorrect and her brother cannot get assistance from the VA based on this administrative error. She requests a DD Form 215 (Correction to DD Form 214) be issued showing his SSN was administratively corrected. 4. The applicant was inducted into the Army of the United States on 3 December 1965. His DD Form 47 (Record of Induction) only shows his service number. The majority of the documents in his service record show he was identified by a service number, not by a SSN. 5. Unit Orders Number 90 issued by Special Troops, Fort Polk, Louisiana on 17 September 1966 promoted him to specialist four. His standard name line within the order contains his service number, not a SSN. 6. On 31 October 1967 in preparation for his release from active duty, the applicant underwent a medical examination which is recorded on Standard Form 88 (Report of Medical Examination). Within this form the identification number used is his service number, not the SSN. He was found qualified for separation or retention on active duty. 7. On 15 November 1967, he authenticated DA Form 137 (Installation Clearance Record) after he had processed through the checklist. His SSN is not shown on this document, rather as consistent with all documents in his record his service number was used. 8. On 11 December 1967, he was honorably released from active duty and transferred to the U.S. Army Reserve. He was issued a DD Form 214 showing in item 3 (SSN) the entry xxx-xx-xxxx. 9. There is a DA Form 170 (Army Reserve Personnel Data Review) filed in his personnel record showing his SSN as xxx-xx-xxxx. 10. His record contains a Social Security Administration consent to release information to the Department of the Army (DA), dated 8 October 2004, wherein that organization provided the applicant and the DA with verification of his SSN as xxx-xx-xxxx. His SSN was issued to him on 1 June 1962. Within the information sheet there is a statement presumably from the applicant wherein he stating he inadvertently provided the DA with the wrong SSN when he enlisted. 11. On 14 July 2005, the ABCMR considered his request to correct his SSN on his DD Form 214. It denied his request citing there was no basis to compromise the integrity of the Army’s record and that the Army had an interest in maintaining the accuracy of its records based on the time period the applicant served. He was advised a copy of the Board’s decision would be filed in his record for reference purposes. 12. The applicant provided the following evidence – * Letter Orders Number 9-322, dated 27 September 1967, showing his standard name line included his service number, not his SSN * a photocopy of his Social Security Administration card showing his SSN as xxx- xx-xxxx * a photocopy of his Social Security Benefit Statement, dated 25 March 2016, showing his SSN as xxx-xx-xxxx * a photocopy of his Medicare Card showing his SSN as xxx-xx-xxxx * a letter from the VA requesting the applicant’s DD Form 214 be fixed with his correct SSN BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found insufficient evidence to amend the decision of the ABCMR set forth Docket Number AR20040008670 on 14 July 2005. The applicant consistently used the number, xx*-**- **xx in all documents that required an SSN throughout his military service. There is no evidence that he ever took any action to change his Social Security Number while he was on active duty. The Board agreed that regulatory guidance provides for the maintaining of military records as they were during the member’s period of service. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :x :x :x DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20040008670 on 14 July 2005. 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. 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 standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. For item 2 (Service Number) enter the individuals service number and authorized prefix. For item 3 (Social Security Number) enter the SSN as shown on DA Form 20 (Enlisted Qualification Record) or from leave and earnings statement (finance records). //NOTHING FOLLOWS// DEPARTMENT OF THE ARMY ARMY REVIEW BOARDS AGENCY 251 18TH STREET SOUTH, SUITE 385 ARLINGTON, VA 22202-3531 Printed on Recycled Paper