IN THE CASE OF:
BOARD DATE: 27 June 2013
DOCKET NUMBER: AR20120021326
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 26 August 1974 to show he has a social security number (SSN) that is completely different from the number that is shown on his DD Form 214.
2. The applicant states a typing error occurred on his DD Form 214.
3. The applicant provides his DD Form 214 for the period ending 26 August 1974.
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 complete military records are not available to the Board for review. It is not known if these records are lost or were destroyed. However, his records contain his DD Form 214 for the period ending 26 August 1974 and additional records from subsequent periods of service which are sufficient for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 for the period ending 26 August 1974 shows, having had prior active service, he enlisted in the Regular Army on 27 August 1970. He was honorably discharged on 26 August 1974.
4. Item 3 (SSN) of the DD Form 214 he was issued for this period of service shows his SSN as X78-XX-XXXX.
5. On 15 September 1977, he enlisted in the Iowa Army National Guard (IAARNG). His DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) shows his SSN as X78-XX-XXXX.
6. His record contains two pages of his DA Form 2-1 (Personnel Qualification Record) created upon his enlistment in the IAARNG wherein it shows his SSN as X78-XX-XXXX.
7. He entered active duty for training on 19 October 1977. On 31 December 1978, he was released from active duty to the control of the IARNG. Item 3 of the DD Form 214 (Report of Separation from Active Duty) he was issued for this period of service shows his SSN as X78-XX-XXXX.
8. Orders 213-2, dated 31 October 1979, issued by Headquarters, IAARNG, Grimes Iowa, transferred him to the inactive IAARNG effective 10 October 1979. These orders show his SSN as X78-XX-XXXX.
9. He subsequently enlisted in the Iowa Air National Guard (ANG) on18 October 1984 and he was honorably discharged from the Iowa ANG on 22 November 1985. Item 3 (SSN) of the National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) he was issued for this period of service shows his SSN as X78-XX-XXXX.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records for his service in the Regular Army from 27 August 1970 to 26 August 1974 are not available for review with this case; however, his records contain a DD Form 214 for this period of service that shows his SSN as X78-XX-XXXX. This is the SSN he used when he enlisted in the IAARNG in 1977 and throughout several subsequent periods of military service. In the absence of evidence to the contrary, it can be presumed that he used the SSN of X78-XX-XXXX throughout his Army service from 27 August 1970 to 26 August 1974. It does not appear a clerical error occurred during the preparation of his DD Form 214 for the period ending 26 August 1974.
2. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
3. 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 the SSN he now claims in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records.
4. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have the SSN he now claims documented in his AMHRR.
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) AR20120021326
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ABCMR Record of Proceedings (cont) AR20120021326
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