IN THE CASE OF:
BOARD DATE: 23 July 2013
DOCKET NUMBER: AR20130000419
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-72-XX16.
2. The applicant states his SSN was incorrect during his tour of duty and it is incorrectly shown on his DD Form 214. The Social Security Administration corrected his SSN 20 years ago. (The applicant lists his incorrect SSN as XXX-85-XX69; however, his DD Form 214 shows his SSN as XXX-86-XX69.)
3. The applicant provides:
* a copy of his DD Form 214
* a letter from the Department of Veterans Affairs (VA), dated 13 December 2012
* business cards for his VA medical doctors
* a Comprehensive Metabolic Panel (test that measures your sugar level etc.), dated 13 November 2012
* 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's complete military records are not available to the Board for review. However, there were sufficient documents remaining in a reconstructed record 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 10 October 1967.
4. On 9 October 1969, he was honorably released from active duty, at the expiration of his term of service, and transferred to the U.S. Army Reserve. Item 3 (SSN) of his DD Form 214 shows his SSN as XXX-86-XX69.
5. He provides a copy of his social security card that shows his SSN as
XXX-72-XX16. In addition, he provides a letter from the VA which shows his claim for prostate cancer resulting from exposure to Agent Orange is pending.
6. 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 reflects 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-72-XX16 was carefully considered; however, there is insufficient evidence to support his request.
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 his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. 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.
4. These Proceedings will be filed in the applicants Army Military Human Resource Record to clarify any confusion between the SSN he currently uses and the SSN he used while in the Army.
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) AR20130000419
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ABCMR Record of Proceedings (cont) AR20130000419
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