IN THE CASE OF:
BOARD DATE: 18 October 2012
DOCKET NUMBER: AR20120007870
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, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show a different social security number (SSN).
2. The applicant states, in effect, the SSN on his DD Form 214 is incorrect.
3. The applicant provides:
* Letter, from the National Personnel Records Center (NPRC), dated 5 April 2012
* DD Form 214
* North Carolina identification card
* 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 applicant's military records are not available to the Board for review. However, the applicant provided a copy of his DD Form 214, which is sufficient for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he enlisted in the Regular Army on
13 November 1973.
4. He was honorably discharged from active duty, on 13 February 1974, after completing 3 months and 1 day of creditable active service. Item 3 (SSN) of his DD Form 214 shows his SSN. He authenticated this form by placing his signature in the appropriate block.
5. He submitted a copy of his North Carolina identification card, which does not contain an SSN. He also submitted a social security card which shows a name similar to the name on the DD Form 214. However, the SSN that is listed on this document is vastly different from the SSN listed on the DD Form 214. There are no matching digits.
6. He provided a letter from NPRC which does not include a full SSN.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant's service records are not available for review with this case. However, he provided a duty-constituted DD Form 214 and a social security card. Unfortunately, these numbers contain no similarities. Additionally, he authenticated his DD Form 214 by signing in the appropriate block; thereby, indicating his personnel information was correct. In view of the foregoing, there is insufficient evidence to grant him relief in this case.
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 the applicant desires to now record a different SSN in his military records there is not a sufficiently compelling reason for compromising the integrity of the Armys 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) AR20120007870
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ABCMR Record of Proceedings (cont) AR20120007870
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