BOARD DATE: 22 August 2013 DOCKET NUMBER: AR20130000979 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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as "XXX-XX-5762." 2. The applicant states: * his mother thought she had given him the correct SSN of "XXX-XX-7164" when he enlisted * his mother made an honest mistake – it was not done out of malicious or ill intent * when it came to tax time, the Internal Revenue Service said that SSN did not match his name * he received the correct SSN of "XXX-XX-5762" when he was discharged 3. The applicant provides: * letter from the State of Michigan Department of Corrections, dated 21 August 2012 * DD Form 214 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 records contain his DD Form 4 (Enlistment Contract – Armed Forces of the United States) that shows he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program on 15 June 1984. This form shows his SSN as "XXX-XX-7164." He subsequently enlisted in the Regular Army (RA) on 22 August 1984 for a period of 3 years. He was discharged under honorable conditions on 7 October 1986. 3. His DD Form 214 shows his SSN as "XXX-XX-7164." 4. All of his service personnel records show his SSN as "XXX-XX-7164." 5. He provides a letter from the State of Michigan Department of Corrections, dated 21 August 2012, which states: * during an interview, the applicant indicated he was not confident that he accurately knew his SSN when he enlisted so he guessed * a little less than a year later during tax season, he received information that the number he provided was incorrect * the process of correcting this error was arduous, but he indicated that the information was corrected and the correct SSN was placed in his military file * he believes his correct SSN is "XXX-XX-5762" 6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION AND CONCLUSIONS: 1. The applicant contends the SSN shown on his DD Form 214 is incorrect. 2. The evidence of record shows the applicant recorded his SSN as "XXX-XX-7164" when he enlisted in the USAR and RA in 1984 and this SSN was used exclusively during his military service. His DD Form 214 shows this SSN when he was discharged in 1986. 3. For historical purposes, the Army has an interest in maintaining the accuracy 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 his current 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. 4. The applicant is advised that a copy of this decisional document will be filed in his military records. This should serve to clarify any questions or confusion regarding the SSN recorded in his military records and to satisfy his desire to have his current SSN documented. 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 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) AR20130000979 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130000979 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1