IN THE CASE OF:	  

		BOARD DATE:	    18 July 2013

		DOCKET NUMBER:  AR20130000272


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as follows:

* amend item 3 (Social Security Number (SSN)) to show his SSN as     XXX-XX-4540, versus 9XX-XX-5297
* amend item 25 (Education and Training Completed) to show he completed his General Education Development (GED) certification and became a certified commercial pilot and flight instructor
* amend item 30 (Remarks) to show he completed high school

2.  The applicant states after his discharge he obtained his GED.  He further states he studied communications and became a commercial pilot and flight instructor.  He concludes by stating his SSN changed to XXX-XX-4540.

3.  The applicant provides:

* DD Form 214
* social security card
* State of New Jersey Auto Driver License
* Federal Aviation Administration (FAA) commercial pilot and flight instructor licenses




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 complete military records are not available to the Board for review.  A complete and thorough search for his military records was conducted; however, his records could not be located.  Nonetheless, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  On 17 November 1972, the applicant enlisted in the Regular Army.  His       DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) is not available for review. 

4.  On 19 February 1974, he was discharged from the Army.  

* item 3 of his DD Form 214 shows his SSN as 9XX-XX-5297
* item 25 does not contain any entries related to the GED or commercial pilot/flight instructor certification
* item 30 contains the entry "Highest civilian education level attained:         10 years"

5.  His available record contains no documentation that shows the SSN he used throughout his period of military service.

6.  His available record contains no documentation, and he has not provided documentation, which shows the date and results of any GED certification exams he may have taken during his period of military service.

7.  The applicant provides his social security card, which shows his SSN as  XXX-XX-4540; however, his available record contains no documentation, and he has not provided documentation, which confirms the date he assumed this SSN. 

8.  The applicant further provides copies of his FAA certification cards, which show he was/is qualified as a commercial pilot and flight instructor.  These documents show he became qualified as a commercial pilot on 24 October 2003, and he became qualified as a flight instructor on 5 March 2010.

9.  Army Regulation 600-2 (Name and Birth Data, Social Security Account, and Temporary Identification Number (TIN)), in effect at the time, prescribes the procedures used for recording, issuing or changing personnel information normally used as a means of identification.

   a. Chapter 4 (TIN) prescribes the procedures for issuing a TIN as a means of personnel identification for those individuals being processed for military service who did not have an SSN.  The number "9" was designated as the first number of the 9-digit TIN.

   b. The TIN will be entered in pencil on enlistment records in those items reserved for recording the SSN at the time of pre-enlistment or pre-induction processing.  Upon receipt of an SSN card by the individual prior to his entrance into the active Army, the pencil entry of the TIN will be replaced by permanent entry of the SSN.

   c. Where the individual comes on active duty without an SSN, the TIN will be entered as a permanent entry on all records.  Upon receipt of an SSN, the TIN entry will be lined out and the SSN entered.

10.  Information available from the Social Security Administration shows that SSNs beginning with 800-999 are not valid SSNs; no numbers above 799 have ever been issued.

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate and reflect the conditions as they existed at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his SSN as XXX-XX-4540 was carefully considered; however, there is insufficient evidence to support his request.

2.  It appears the applicant did not have an SSN when he was enlisted in the Regular Army; thus, he was issued a TIN.  He would have been required to apply for an SSN card at the time of his enlistment.  Due to the short duration of his service, he apparently did not receive his SSN card before he was separated.  He was identified with this TIN throughout his service and it was recorded on his DD Form 214 when he separated.  

3.  It appears he now uses SSN XXX-XX-4540; however, it is uncertain as to when he assumed his current SSN, or if he was issued his SSN prior to his separation from military service.  

4.  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.  

5.  While it is understandable that the applicant now desires to record his correct 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.  Absent convincing independent and verifiable evidence to the contrary, it is presumed that his military service records, including the DD Form 214, were correct at the time they were prepared and there is an insufficient evidentiary basis for changing his SSN at this late date.

6.  His request for correction of his DD Form 214 to show he completed his GED and became a certified commercial pilot and flight instructor was also carefully considered; however, there is no evidence he obtained these certifications during his period of military service.  Therefore, barring evidence to the contrary, there is an insufficient basis for granting this portion of the requested relief.

7.  Finally, the applicant requests amendment of this DD Form 214 to show he was a high school graduate, based on his successful completion of the GED.  Unfortunately, there is no evidence he completed the GED during his period of active military service; therefore, barring evidence to the contrary, there is an insufficient basis for granting this portion of the requested relief.







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)                                         AR20110002362



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ABCMR Record of Proceedings (cont)                                         AR20130000272



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