RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 4 March 2008
DOCKET NUMBER: AR20070011270
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Ms. Catherine C. Mitrano
Director
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and Honorable Discharge (certificate or orders) be amended to show his correct social security number (SSN).
2. The applicant states that the wrong SSN makes it hard to file any Department of Veterans Affairs claims.
3. The applicant provides his DD Form 214; a copy of his Social Security card; and a letter, dated 5 July 2007, from the Social Security Administration.
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 applicants 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 applicants 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 27 January 1965, at a time when military service numbers were used instead (effective 1 July 1969) of SSNs.
3. Only four documents in the applicants records contain an SSN his DD Form 214; a DD Form 1407 (Dependent Medical Care and DD Form 1173 Statement); his release from active duty orders, dated 26 January 1968; and his orders, dated 13 January 1971, discharging him from the U S. Army Reserve.
4. The above four documents show the applicants SSN to be 5__-0_-3___. The DD Form 1407 appears to have been prepared by the applicant.
5. The applicant provided a letter from the Social Security Administration which states their records indicate that SSN 5__-3_-4___ is assigned to the applicant.
Only the first digit matches what is shown on the applicants DD Form 214. The letter does not state when that SSN was assigned to the applicant.
6. The applicant was honorably released from active duty on 26 January 1968. His DD Form 214 shows his SSN as 5__-0_-3___.
7. The applicant was honorably discharged from the U. S. Army Reserve effective 26 January 1971. His discharge orders show his SSN as 5__-0_-3__. His Honorable Discharge Certificate is not available.
8. Army Regulation 635-5 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. In pertinent part, it states that the DD Form 214 is a synopsis of the Soldiers 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. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should actually 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, this Board is reluctant to recommend that those records be changed.
2. Although the applicant provided a letter from the Social Security Administration showing that their records reflect a different SSN for the applicant than the one shown on his DD Form 214, that letter does not state when that SSN was assigned to him.
3. Four documents in the applicants records show his SSN to be 5__-0_-3___. One of those documents appears to have been prepared by the applicant.
4. The applicant provides no explanation as to how an incorrect SSN could have been entered on his DD Form 214 or on any of the other three documents in his records. He provides insufficient evidence to show that he did not hold the incorrect SSN at the time he served in the Army. While his desire to have the records changed is understandable, the applicant has provided no basis for compromising the integrity of the Armys records.
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
INDEX
CASE ID
AR20070011270
SUFFIX
RECON
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
100.09
2.
3.
4.
5.
6.
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