IN THE CASE OF:
BOARD DATE: 30 July 2013
DOCKET NUMBER: AR20120022818
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 periods ending 20 June 1968 and 28 June 1972 to show his social security number (SSN) as
"xxx-x2-6xxx" instead of "xxx-x3-5xxx."
2. The applicant states:
* The SSN listed on the above two discharges are wrong and need to be corrected
* He needs his proper SSN listed on his discharges
3. The applicant provides:
* DD Forms 214 for the periods ending 20 June 1968 and 28 June 1972
* 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 was inducted into the Army of the United States on 24 July 1961. On 26 July 1963, he was honorably released from active duty. His DD Form 214 for the period ending 26 July 1963 shows his SSN as "xxx-x3-5xxx."
3. He enlisted in the Regular Army (RA) on 17 October 1967 for a period of
3 years. On 20 June 1968, he was honorably discharged for immediate reenlistment. His DD Form 214 for the period ending 20 June 1968 shows his SSN as "xxx-x3-5xxx."
4. His reenlistment document, dated 21 June 1968, shows his SSN as
"xxx-x3-5xxx" and that he reenlisted for a period of 3 years. On 28 June 1972, he was discharged. His DD Form 214 for the period ending 28 June 1972 shows his SSN as "xxx-x3-5xxx."
5. His service personnel records show his SSN as "xxx-x3-5xxx" and
"xxx-x2-5xxx."
6. He provides a copy of his social security card that shows his SSN as
"xxx-x2-6xxx."
7. 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 the preparation of the DD Form 214. In pertinent part it states that 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 the SSN shown on his DD Forms 214 are incorrect and his correct SSN is "xxx-x2-6xxx." There is a discrepancy in the applicants SSN throughout his military personnel records. SSN "xxx-x3-5xxx" and SSN "xxx-x2-5xxx" are used. However, there is no evidence SSN "xxx-x2-6xxx" was used during his active duty service.
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 the applicant desires to now record his correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. 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. 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 currently uses documented in his AMHRR.
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 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) AR20120022818
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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