IN THE CASE OF: BOARD DATE: 2 June 2015 DOCKET NUMBER: AR20140018401 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 his social security number (SSN) be corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 20 December 1979. 2. The applicant states the SSN shown on his DD Form 214 is incorrect. 3. The applicant provides: * DD Form 214 with a separation date of 20 December 1979 * social security card * California driver's license with an expiration date of 28 April 2016 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. On 15 November 1979, he enlisted in the U.S. Army Reserve Delayed Enlistment Program (DEP). On 29 November 1979, he enlisted in the Regular Army for 3 years. His DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) shows his SSN as shown on his DD Form 214. 3. His DD Form 1966 (Record of Military Processing - Armed Forces of the United States), dated 14 November 1979 and verified on 29 November 1979, shows his SSN as shown on his DD Form 214. A W-2 (Wage and Tax Statement) was used to verify his SSN; however a copy of this document is not available for review. 4. His DA Form 2-1 (Personnel Qualification Record) shows his SSN as shown on his DD Form 214. 5. On 20 December 1979, he was discharged by reason of not meeting procurement medical fitness standards. His DD Form 214 shows his SSN as XXX-26-8XX0. 6. All documents in his official military personnel file (OMPF) show his SSN as XXX-26-8XX0. 7. The social security card he provided shows his SSN as XXX-68-4XX3. The California driver's license he provided does not show his SSN. 8. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs that 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 reflects the conditions as they existed at the time of separation. DISCUSSION AND CONCLUSIONS: 1. The SSN shown on the social security card he provided shows an SSN that is substantially different from the SSN shown on his DD Form 214 and throughout his OMPF. There is no evidence showing he used the SSN on his social security card while in the Army. 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. 3. 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 in regard to the difference between the SSN recorded in his military records and that shown on his social security card. 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) AR20140018401 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140018401 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1