IN THE CASE OF:	  

		BOARD DATE:	  7 May 2013

		DOCKET NUMBER:  AR20120019364 


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 DD Form 214 (Report of Separation from Active Duty) to show his social security number (SSN) as "X38-XX-778X" vice "X83-XX-387X."

2.  The applicant states, in effect, the wrong SSN is shown on his DD Form 214.

3.  The applicant provides his DD Form 214 and a statement from the Social Security Administration (SSA).

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.  The applicant's military records are not available to the Board for review. However, the applicant provides his DD Form 214 which is sufficient for the Board to conduct a fair and impartial review of his case.

3.  The applicant's DD Form 214 shows he entered active duty for training (ADT) as a member of the New Jersey Army National (NJARNG) on 18 November 1974.  He was assigned to the 3rd Battalion, 1st Basic Combat Training Brigade, Fort Jackson, SC.

4.  He was honorably released from ADT on 21 December 1974 by reason of "Miscellaneous General Trainee Discharge" and returned to the control of the NJARNG for discharge.  He completed 1 month and 4 days of creditable active service.

5.  Item 3 (SSN) of the DD Form 214 he was issued shows the entry
"X83-XX-387X."

6.  The applicant provides a statement from the SSA, dated 9 October 2012, that contains a middle name slightly different from the middle name listed on the 
applicant's DD Form 214 that states their records show this individual is assigned
"X38-XX-778X." 

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate, and that it reflects the conditions as they existed at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his SSN as "X38-XX-778X." 

2.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record the requested SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3.  Although he provided a statement from the SSA, dated 9 October 2012, that stated he was assigned the SSN of "X38-XX-778X," there is no evidence that shows he used this SSN during his military service.  Absent convincing independent and verifiable evidence to the contrary, it is presumed his DD Form 214 was correct at the time it was prepared and there is an insufficient evidentiary basis for changing his SSN at this late date.

BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _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.

ABCMR Record of Proceedings (cont)                                         AR20120019364



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ABCMR Record of Proceedings (cont)                                         AR20120019364



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