IN THE CASE OF:
BOARD DATE: 31 March 2009
DOCKET NUMBER: AR20080017682
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 that his Social Security Number (SSN) be corrected in item 3 (Social Security Number) on his DD Forms 214 (Report of Transfer or Discharge) for the periods ending 23 July 1964 and 24 July 1967.
2. The applicant states that the service number is correct but the SSN is incorrect on his DD Forms 214. He indicates that his SSN is 4xx-4x-4xxx.
3. The applicant provides a Missouri driver license; a Veterans Administration Certificate of Eligibility; a W-2 Form (Wage and Tax Statement); a credit history statement; a letter, dated 29 September 2008, from the National Personnel Records Center, St. Louis, Missouri; and DD Forms 214 for the periods ending 23 July 1964 and 24 July 1967 in support of his application.
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 applicants military records are not available to the Board. This case is being considered using reconstructed records, which primarily consist of two DD Forms 214 for the periods ending 23 July 1964 and 24 July 1967.
3. The applicants DD Form 214 for the period ending 23 July 1964 shows he enlisted on 22 July 1963 for a period of 3 years. On 23 July 1964, he was honorably discharged for immediate reenlistment.
4. Item 3 on the applicants DD Form 214 for the period ending 23 July 1964 shows SSN 4xx-7x-1xxx.
5. The applicant's DD Form 214 for the period ending 24 July 1967 shows he reenlisted on 24 July 1964 for a period of 3 years. On 24 July 1967, he was released from active duty.
6. Item 3 on the applicant's DD Form 214 for the period ending 24 July 1967 shows SSN 4xx-7x-1xxx.
7. In support of his claim, the applicant provided a Missouri driver license, a
W-2 Form, and a credit history statement which show SSN 4xx-4x-4xxx.
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 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. Evidence of record shows the same SSN was used at the time of the applicants 1964 discharge and his release from active duty on 24 July 1967.
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 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. Therefore, there is an insufficient basis for amending his SSN on his DD Forms 214 for the periods ending 23 July 1964 and 24 July 1967.
3. This Board action will be filed in the applicants official military records so that a record of his SSN will be on hand.
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) AR20080017682
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ABCMR Record of Proceedings (cont) AR20080017682
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