IN THE CASE OF:
BOARD DATE: 9 October 2012
DOCKET NUMBER: AR20120006853
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 the social security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states his DD Form 214 shows the SSN of "xxx-x1-8xx3." It should be "xxx-x0-5--7." He wants to apply for benefits from the Department of Veterans Affairs (VA).
3. The applicant provides:
* DD Form 214
* letter from the VA
* 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 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 for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there is sufficient documentation provided by the applicant for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States, in pay grade E-1, on 8 November 1966. He completed training and he was awarded military occupational specialty 12B (Combat Engineer).
4. On 25 October 1968, he was honorably released from active duty, in pay grade E-5, as an overseas returnee, and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). His DD Form 214, Item 3 (SSN), lists his SSN as "xxx-x1-8xx3."
5. He provides copies of:
* a letter from the VA wherein he was advised that they were unable to validate his SSN with the Social Security Administration
* his social security card which lists his SSN as "xxx-x0-5--7"
DISCUSSION AND CONCLUSIONS:
1. Although he provided his social security card, there is no documentary evidence from the Social Security Administration verifying the applicant's social security number. Without evidence to the contrary, administrative regularity is presumed he served under the SSN currently shown on his DD Form 214. Therefore, there is insufficient evidence to show an error exists or a basis for changing the SSN shown on his DD Form 214.
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 that he desires to now record his current 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.
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) AR20120006853
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ABCMR Record of Proceedings (cont) AR20120006853
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