IN THE CASE OF:  	  

		BOARD DATE:  16 April 2015	  

		DOCKET NUMBER:  AR20140015177 


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 "XX5-XX-XXXX" instead of "XX1-XX-XXXX."

2.  He states the SSN shown on his DD Form 214 is incorrect.

3.  He provides his DD Form 214 and social security card.

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 enlisted in the Regular Army on 29 April 1964.  At the time of his enlistment, he was assigned a military service number that was used for identification purposes.  All of the documents contained in his records during his enlistment show his assigned military service number.

3.  On 11 April 1967, he was honorably released from active duty.

4.  Item 3 (SSN) of his DD Form 214 shows his SSN as "XX1-XX-XXXX."

5.  On 31 March 1970, he was discharged from the U.S. Army Reserve upon the completion of his statutory service obligation.  The computer generated form (USAAC FL 825b, 1 May 1969) shows his SSN as "XX1-XX-XXXX."  A review of his official military personnel file (OMPF) does not show the source document used by the Army to determine the accuracy of his SSN as shown on his discharge notification. 

6.  His social security card shows his SSN as "XX5-XX-XXXX."

7.  He made repeated requests for copies of his personnel and medical records to the National Personnel Records Center.  A Standard Form 180 (Request Pertaining To Military Records), dated 9 April 1976, contained in his OMPF shows his SSN as "XX5-XX-XXXX."

8.  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 the preparation of the DD Form 214 and 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.  There is no source document in the applicant’s OMPF to determine the accuracy of the SSN used on his discharge notification or his DD Form 214.  After his service he made repeated requests for copies of his records using the SSN "XX5-XX-XXXX"; however, there is no evidence indicating he actually served under the SSN shown on his social security card.

2.  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.  There is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to have his military records changed to reflect the SSN he provided, 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.  This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and the SSN he now uses.

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)                                         AR20140015177



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ABCMR Record of Proceedings (cont)                                         AR20140015177



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