BOARD DATE: 23 July 2013
DOCKET NUMBER: AR20120022437
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-42-XXXX" instead of "XXX-36-XXXX."
2. The applicant states the SSN shown on his DD Form 214 is incorrect.
3. The applicant provides:
* DD Form 214
* SSN printout from the Social Security Administration, dated 11 January 2012
* letter from a Member of Congress, dated 21 November 2012
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 staff of the National Personnel Records Center conducted an exhaustive search to locate the applicant's military records to be used in the processing of his application. Unfortunately, his records could not be found. However, the applicant provided sufficient documents for the Board to conduct a fair and impartial review of this case.
3. His DD Form 214 shows he was inducted into the Army of the United States on 7 August 1968. He served as a light weapons infantryman in Vietnam from 22 January 1969 to 21 January 1970. On 1 June 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
4. Item 3 (SSN) of his DD Form 214 shows the entry "XXX-36-XXXX."
5. He provides an SSN printout, dated 11 January 2012, from the Social Security Administration which shows his SSN as "XXX-42-XXXX."
6. 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 establishes standardized policy for preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the SSN shown on his DD Form 214 is incorrect and should read "XXX-42-XXXX." However, his service personnel records are not available. As such, the SSN he recorded when he was inducted in 1968 cannot be determined with any degree of certainty. In the absence of evidence to the contrary, it must be presumed that the SSN shown on his DD Form 214 is the SSN he served under.
2. For historical purposes, 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While the applicant's desire to record his current SSN in his military records is understandable, 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 will be filed in his military records. This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military records and to satisfy his desire to have his current SSN documented.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20120022437
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ABCMR Record of Proceedings (cont) AR20120022437
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