# SSR 62-13: SSR 62-13. VETERANS -- MILITARY SERVICE WAGE CREDITS -- EFFECT OF CORRECTION OF ARMY RECORDS

> Federal · Rulings · In force

URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_13

## Section

- **Citation:** SSR 62-13
- **Heading:** SSR 62-13. VETERANS -- MILITARY SERVICE WAGE CREDITS -- EFFECT OF CORRECTION OF ARMY RECORDS
- **Jurisdiction:** Federal
- **Kind:** Rulings
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Social Security Rulings / OASI / Benefits in Case of Veterans / SSR 62-13

## Text

C retired from the Army on July 31, 1953, under section 514(d)(3) of
Public Law 381, 80th Congress, which provides for the retirement of an
officer upon completion of 5 years in the permanent grade of Colonel in
the Regular Army, or upon completion of 30 years' service in the Regular
Army, whichever is later. Since C did not complete the required 30 years
of service and 5 years in permanent grade until sometime during the
post-World War II period, military service in the World War II and
post-World War II periods was used to establish his eligibility to retired
pay when he retired under this section.

In January 1959, C attained age 65 and filed an application for old-age
insurance benefits based on his military service. At that time, the
Department of the Army certified that C's World War II and post-World War
II military service had been used in establishing his eligibility to Army
retirement pay.

Under the provisions of 10 U.S.C. 1552, a military department may correct
any military record of that department when necessary to correct an error
or remove an injustice. Pursuant to these provisions, on October 20, 1959,
the Army Board for the Correction of Military Records corrected the Army's
records to show that C retired under section 5 of the Act of July 31,
1935, as amended. Under this provision of law an officer may voluntarily
retire on the basis of service prior to November 12, 1918, and is eligible
to receive retired pay at 75 percent of his active duty pay irrespective
of the number of years of service. On the basis of the corrected record,
the Army certified that C's World War II and post-World War II military
service was not used to determine his eligibility for or the amount of his
military retired pay.

The issue in this case is whether C's military service in the World War
II and post-World War II periods can be used to grant him social security
wage credits which would, in turn, entitle him to social security
benefits.
he Army certified that C's World War II and post-World War II military
service was not used to determine his eligibility for or the amount of his
military retired pay.

The issue in this case is whether C's military service in the World War
II and post-World War II periods can be used to grant him social security
wage credits which would, in turn, entitle him to social security
benefits.

Under the provisions of section 217(a) of the Social Security Act, a
veteran shall be deemed to have been paid $160 in wages creditable for
social security purposes for each month during any part of which he served
in the active military or naval service of the United States during World
War II (September 16, 1940, through July 24, 1947), but these wage credits
cannot be granted if "a benefit * * * which is based, in whole or in part,
upon the active military or naval service of such veteran during World War
II is determined by any agency or wholly owned instrumentality of the
United States (other than the Veterans' Administration) to be payable by
it under any other law of the United States or under a system established
by such agency or instrumentality. * * *" Section 217(e) contains a like
provision with respect to service in the post-World War II period (July
25, 1947, through December 31, 1956).

A military record changed to correct an error or remove an injustice,
pursuant to 10 U.S.C. 1552, is considered to be the original military
record wherever applicable to any Federal benefit program which credits
military service and, therefore, is considered to be operative from the
date as of which the correction is effective, rather than from the date
the correction was actually made.
A military record changed to correct an error or remove an injustice,
pursuant to 10 U.S.C. 1552, is considered to be the original military
record wherever applicable to any Federal benefit program which credits
military service and, therefore, is considered to be operative from the
date as of which the correction is effective, rather than from the date
the correction was actually made.

In this case, the Army recertified its records to show that the
corrective action taken by the Army in October 1959 was effective to
correct all records to show that C was retired initially under
section 5 of the Act of July 31, 1935, as amended, that he never had his retirement pay fixed under a formula which included a multiple of
active service and that his active service after September 15, 1940, was
not necessary to establish his eligibility to receive retirement pay. The
correction was thus considered as replacing the original determination ab initio , and only the corrected record was evaluated in
determining whether the retired pay was based in any part on the World War
II or post-World War II military service.

Since service in neither the World War II nor the post-World War II
periods was necessary to effect C's retirement under section 5 of the Act
of July 31, 1935, social security wage credits may be granted for his
service in both periods. Therefore, C is entitled to the social security
benefits for which he applied.

## Nearby sections

- [SSR 60-16 SSR 60-16. MILITARY SERVICE WAGE CREDITS -- SERVICE IN THE WOMEN'S ARMY AUXILIARY CORPS (WAAC)](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_60_16.md)
- [SSR 61-49 SSR 61-49. MILITARY SERVICE WAGE CREDITS -- EFFECT OF BENEFIT AWARDED BY ANOTHER FEDERAL AGENCY](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_49.md)
- [SSR 62-13 SSR 62-13. VETERANS -- MILITARY SERVICE WAGE CREDITS -- EFFECT OF CORRECTION OF ARMY RECORDS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_13.md)
- [SSR 63-29 SSR 63-29: SECTIONS 202, 215, AND 217. -- COMPUTATION OF BENEFITS -- USE OF MILITARY SERVICE WAGE CREDITS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_63_29.md)
- [SSR 64-12 SSR 64-12: SECTION 217(h). -- MILITARY SERVICE WAGE CREDITS -- MILITARY SERVICE FOR POLISH GOVERNMENT-IN-EXILE DURING WORLD WAR II](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_64_12.md)
- [SSR 64-15 SSR 64-15: P.L. 87-574 (76 Stat. 308). -- STATUS OF SERVICES PERFORMED BY PATIENTS AND MEMBERS IN VA HOSPITALS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_64_15.md)
- [SSR 64-64 SSR 64-64: SECTIONS 217(a). -- VETERANS -- MILITARY SERVICE WAGE CREDITS -- EFFECT OF BENEFIT AWARDED BY ANOTHER FEDERAL AGENCY](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_64_64.md)
- [SSR 68-11 SSR 68-11: SECTIONS 217(a), 217(d), and 217(e). -- VETERANS -- MILITARY SERVICE WAGE CREDITS -- PRESIDENTIAL PARDON AFTER DISHONORABLE DISCHARGE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_68_11.md)
- [SSR 69-47 SSR 69-47: SECTION 229(a). -- DEDUCTIONS -- MILITARY SERVICE WAGE CREDITS -- STATUS OF DEEMED WAGES FOR DEDUCTION PURPOSES](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_69_47.md)
- [SSR 70-13 SSR 70-13: SECTIONS 217(a)(1)(B) and 217(e)(1)(B). -- VETERANS -- GRATUITOUS MILITARY SERVICE WAGE CREDITS -- USE PRECLUDED IF PREVIOUSLY CREDITED FOR NONREGULAR MILITARY SERVICE RETIRED PAY](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_70_13.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_13. Check the current official text before relying on it. Not legal advice.
