ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 August 2019 DOCKET NUMBER: AR20180013671 APPLICANT REQUESTS: correction of his Social Security Number (SSN) on his official Army documents. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Statement * Appointment of Representative Documents * Identification Documents (XX) * Identification Documents (XX) * Department of Veterans Affairs (VA) Advance Directive Power of Attorney (POA) * Excerpt of Medical Records * Excerpt of Dental Records * DD Form 47 (Record or Induction) * DA Form 20 (Enlisted Qualification Record) * DA Form 2627 (Record of Proceedings under Article 15, UCMJ) * Letter of Appreciation * National Personnel Records Center (NPRC) Letter * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * Reserve Discharge Orders FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant’s representative states, they are requesting a change of the applicant’s SSN on his official documents so that they may assist him in getting veterans benefits, and veterans housing assistance with the Housing and Urban Development (HUD) - Veterans Affairs Supportive Housing (VASH) program. They state that the SSN is correct on some documents and incorrect on others. The discrepancy has prevented him from receiving VA benefits 3. The applicant provides: a. Appointment of Representative Documents, dated 1 February 2019, which states that the applicant’s sister is appointed as his representative, but the applicant reserves the right to make final decisions relating to any and all addictions, illnesses and treatment. b. Identification Documents (XX), dated 1 December 2009, which states that the appointed representative was born to the same parents as the applicant, in the same county, and state. They also provide the representative’s SSN. c. Identification Documents (XX), dated 16 March 2016, which states that the applicant was born to the same parents as the representative, in the same county, and state. He also provides his SSN and driver’s license. d. VA Advance Directive POA, dated 13 February 2019, which states that the applicant’s sister has been designated as his Health Care Agent. e. Excerpt of Medical Records, dated 17 June 1973, which states SSN: ###-**-**** on some documents and SSN: ###-**-**** on others. f. Excerpt of Dental Records, dated 17 March 1971, which displays SSN: ###-**-****. g. DD Form 47, dated 17 February 1971, which states the applicant was inducted into the Army of the United States under SSN: ###-**-****. h. DA Form 20, which shows a snapshot of the applicant’s career. i. DA Form 2627, dated 12 July 1972, which states the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15 for one specification each of failure to be at his appointed place of duty, and failure to properly shave. j. Letter of Appreciation, dated 5 January 1973. k. DD Form 214, dated 17 February 1973, which states he was transferred to the United States Army Reserves (USAR), under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), Chapter 5 (Early Release of Overseas Returnees) with an honorable characterization of service. He served 1 year, 11 months and 28 days of active service. His DD Form 214 reflects the SSN: ###-**-****, which is the same as his official induction document (DD Form 47). l. Reserve Discharge Orders, dated 26 January 1977, which states he was discharged from the USAR Standby Reserve, under the provisions of AR 140-10 (Army Reserve – Assignments, Attachments, Details and Transfers), with an honorable characterization of service. His official separation orders# 01-1021451, reflect SSN: ###-**-****, which is the same as his official induction document (DD Form 47). m. NPRC Letter, dated 18 June 2009. 4. A review of the applicant’s service records shows the following: a. On 17 February 1971, he was inducted into the Army of the United States, with SSN: ###-**-****, annotated on his DD Form 47, and not ###-**-**** as dictated on his SSN card. b. His DA Form 20, reflects the SSN: ###-**-**** as illustrated on his SSN Card. c. On 14 July 1972, the applicant accepted NJP under the provisions of Article 15 for one specification each of failure to be at his appointed place of duty, and failure to properly shave. His punishment consisted, in part, of reduction to Private First Class (E-3/PFC) (suspended). His SSN: is reflected as ###-**-****. d. On 14 February 1973, he was transferred to the USAR, under the provisions of AR 635-200, Chapter 5 with an honorable characterization of service. He served 1 year, 11 months and 28 days of active service. He had 5 days of lost time from 6 -10 July 1972. His DD Form 214 reflects the SSN: ###-**-****, which is the same as his official induction document (DD Form 47). e. On 16 February 1977, he was discharged from the USAR Standby Reserve, under the provisions of AR 140-10, with an honorable characterization of service. His official separation orders# 01-1021451, reflect SSN: ###-**-****, which is the same as his official induction document (DD Form 47). 5. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. 6. In reaching its determination, the Board can consider the applicant’s petition and his service record in accordance with the published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was warranted. The applicant’s contentions were carefully considered. Evidence of record shows he used the SSN he contends is the correct SSN at one point during his period of service. Based upon the preponderance of the evidence, the Board agreed to correct his separation document showing the SSN listed on his social security card. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 social security number (SSN) shown on his DD Form 214 and replacing it with the SSN shown on his social security card. 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. 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 (AR) 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. 3. AR 635–200 (Personnel Separations - Active Duty Enlisted Administrative Separations), sets policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of soldiers for a variety of reasons. Readiness is promoted by maintaining high standards of conduct and performance. 4. AR 635-8 (Separation Processing and Documents), currently in effect, prescribes the transition processing function of the military personnel system, including preparation of the DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180013671 4 1