A career military officer and World War II veteran, C, applied for social security benefits in January 1959, after attaining 65 years of age. He had retired from the military in 1953 after serving for more than 30 years, and more than 5 years as a permanent grade Colonel.

Under the Social Security Act, a military veteran was deemed to have $160 of social security wages for each month he served on active duty in the Military or navy during World War II (September 16 1940 to July 24 1947). However, these wage credits cannot be granted if the individual receives a military pension based on this same service.

The military initially found that C’s military pension was based in part on his service during and after World War II. However, on further research, this was found to be incorrect.

A provision in relevant regulations provided that a military record may be corrected and, when so corrected, is considered to be the original record.

Based on the corrected record, it was found that C’s World War II wages were countable for social security and he was therefore eligible for old age social security insurance benefits.

See Social Security Ruling (SSR) 62-13.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.