IN THE CASE OF:	

		BOARD DATE:	  7 January 2015

		DOCKET NUMBER:  AR20140008631 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as "xxx-xx-03xx" instead of "xxx-xx-30xx."

2.  The applicant states he needs his DD Form 214 corrected for social security benefits.

3.  The applicant provides:

* Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim)
* his DD Form 214, for the period ending 7 May 1972
* his social security card
* a letter from the Army Review Boards Agency, dated 1 May 2014

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Although the applicant lists a Veteran's Service Officer (VSO) as Counsel, the identified VSO did not render a request on the applicant's behalf.

2.  Counsel provides no additional statement. 

3.  Counsel provides no additional evidence.


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 record is not available to the Board for review.  This case is being considered using the DD Form 214 and Social Security Card provided by the applicant.

3.  As a member of the Ohio Army National Guard (OHARNG), the applicant entered active duty for training on 5 January 1972.

4.  On 7 May 1972, he was released from active duty and returned to the control of the OHARNG.  Item 3 (SSN) of the DD Form 214 he was issued lists his SSN as "xxx-xx-30xx."

5.  The applicant provides his social security card that shows his SSN as
"xxx-xx-03xx."

6.  Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  This regulation establishes standardized policy for the preparation of the DD Form 214.  It states the complete name and SSN of the separating service member will be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his SSN as "xxx-xx-03xx" was carefully considered; however, there is insufficient evidence to support his claim.  Because his records are not available, the copy of his social security card that shows his SSN as "xxx-xx-03xx" is not sufficient to show what SSN he served under.

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 his correct SSN on his       DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

3.  The applicant is advised that a copy of this decisional document will be filed in his official military personnel file (OMPF).  This should serve to clarify any questions or confusion in regard to the different SSN recorded in his military records and to satisfy his desire to have his correct SSN documented in his OMPF.

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)                                         AR20140008631



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ABCMR Record of Proceedings (cont)                                         AR20140008631



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