BOARD DATE: 25 June 2013
DOCKET NUMBER: AR20120022531
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 indicated on his social security card.
2. The applicant states the SSN shown on his DD Form 214 is wrong. He states he believed the error was corrected when he was discharged.
3. The applicant provides copies of his:
* DD Form 214
* 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. On 16 March 1979, the applicant enlisted in the U.S. Army Reserve (USAR) for a period of 6 years with enlistment in the Regular Army for a period of 3 years effective 4 April 1979 under a completely different SSN than the SSN he now claims to be correct. On 4 April 1979, he enlisted in the Regular Army under that same SSN.
3. A review of all available documents in his military records shows he used the same SSN the entire time he was serving on active duty.
4. On 9 December 1981, the applicant was discharged under honorable conditions. His DD Form 214 shows the same SSN he recorded at the time of his enlistments in the USAR and the Regular Army.
5. The social security card provided by the applicant shows a completely different SSN from the SSN he used during his military service.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and requires verification of the SSN using the individual's military records.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show the SSN shown on his social security card.
2. The evidence of record clearly shows the applicant enlisted in the USAR and the Regular Army and served on active duty for almost 3 years under the SSN indicated on the documents in his military records.
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. There is no evidence to show his SSN was corrected when he was discharged.
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) AR20120022531
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ABCMR Record of Proceedings (cont) AR20120022531
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