IN THE CASE OF:
BOARD DATE: 7 May 2013
DOCKET NUMBER: AR20120019126
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 wrong SSN and he lists his SSN on his application as "XXX-XX-XX74."
3. The applicant provides a copy of his DD Form 214.
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. The applicant's 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 his records were lost or destroyed in that fire. However, there is sufficient evidence available for the Board to conduct a fair and impartial review of this case.
3. The available evidence shows he enlisted in the Regular Army on 14 September 1966 for 4 years. At the time of his enlistment he was assigned and identified by a service number which began with the prefix "RA" for Regular Army.
4. On 26 August 1969, he was honorably released from active duty, as an overseas returnee, and he was transferred to the U.S. Army Reserve Control Group (Reinforcement). Item 3 (SSN) of his DD Form 214 lists his SSN as
"XXX-XX-XX29."
DISCUSSION AND CONCLUSIONS:
1. It appears when the applicant enlisted in the RA on 14 September 1966 he recorded his SSN as "XXX-XX-XX29." There is no evidence of record and he did not provide sufficient evidence to show the SSN listed on his DD Form 214 is incorrect. Absent convincing independent and verifiable evidence to the contrary, it is presumed his DD Form 214 was correct at the time it was prepared. Therefore, there is an insufficient evidentiary basis to grant him relief.
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 now desires to record a different 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) AR20120019126
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120019126
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