IN THE CASE OF:
BOARD DATE: 13 June 2013
DOCKET NUMBER: AR20120021720
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) to show his social security number (SSN) as "XXX-30-XXXX."
2. The applicant states this error is typographical.
3. The applicant provides copies of his DD Form 214 and his 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 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 member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, the applicant has provided sufficient documents to conduct a fair and impartial review of this specific request.
3. The applicant's DD Form 214 shows:
a. he was ordered to active duty for training as a member of the U.S. Army Reserve (USAR);
b. he entered active duty for training on 21 April 1957;
c. he completed training and was awarded military occupational specialty 730.00 (Finance Clerk);
d. he was released from active duty for training on 20 October 1957; and
e. the remarks block shows his social security number as "XXX-20-XXXX."
4. The applicant provides a copy of his social security card showing his SSN as "XXX-30-XXXX."
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.
6. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR) provides that the Board begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 shows his SSN as "XXX-20-XXXX." Unfortunately, his military records are not available for review. Therefore, it cannot be determined what SSN the applicant provided to the U.S. Army at the time of his entry into the USAR and during his subsequent active duty service. Accordingly, the accuracy of the SSN as shown on his DD Form 214 cannot be verified.
2. In the absence of evidence to the contrary, it is presumed that his DD Form 214 was accurately prepared in accordance with law and regulations applicable at the time.
3. The Army has an interest in maintaining the accuracy 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.
4. The applicant is advised that a copy of this decisional document will be filed in his military records. This should serve to clarify any questions or confusion in regard to the difference in his current SSN and the one recorded in his military records and to satisfy his desire to have his current SSN documented in his records.
5. In view of the above, the applicant's request should be denied.
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 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) AR20120021720
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ABCMR Record of Proceedings (cont) AR20120021720
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