IN THE CASE OF:
BOARD DATE: 18 June 2013
DOCKET NUMBER: AR20120021908
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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as "XXX-XX-3356."
2. The applicant states his DD Form 214 incorrectly shows his SSN as
"XXX-XX-3358."
3. The applicant provides a copy of 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 enlisted in the Regular Army on 5 August 1981 for a period of 3 years. All of his enlistment documents show an SSN containing "8" as the last digit.
3. He completed one-station unit training as an infantryman at Fort Benning, Georgia, and was transferred to Germany on 17 November 1981. He completed his overseas tour in Germany on 12 May 1983 and was transferred to Fort Polk, Louisiana, where he remained until he was honorably released from active duty (REFRAD) on 3 August 1984. His DD Form 214 reflects a SSN ending with the number "8."
4. A review of his official records shows he served his entire enlistment under the SSN shown on his DD Form 214.
5. The social security card provided by the applicant shows his SSN ending with the number "6."
6. Army Regulation 635-5 (Separation Documents) serves as the authority for preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted, served, and was honorably REFRAD under the SSN that is reflected on his DD Form 214. There is no evidence of record or independent evidence that suggests his military records exhibit a material error or injustice. Additionally, the applicant has offered no explanation pertaining to the difference in the SSN he used at the time he served in the military and the SSN he currently uses.
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 the applicant desires to now record his current SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this decisional document which confirms his current SSN will be filed in his military records. This should serve to clarify any questions or confusion regarding the different SSN recorded in his military records and to satisfy his desire to have his current SSN documented in his military records.
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) AR20120021908
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ABCMR Record of Proceedings (cont) AR20120021908
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