IN THE CASE OF:
BOARD DATE: 30 July 2013
DOCKET NUMBER: AR20130000661
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 Forms 214 (Report of Separation from Active Duty) to show the last six digits of his social security number (SSN) as different numbers.
2. The applicant states:
* in effect, he used the wrong SSN at the time of his enlistment
* he is homeless and working with a Department of Veterans Affairs Homeless Outreach social worker
3. The applicant provides:
* letter, from the Social Security Administration (SSA), dated 28 December 2012
* SSA business card
* Social Security Card
* Washington Identification (ID) 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. Prior to his enlistment in the Regular Army, the applicant completed a DD Form 398 (Statement of Personal History). He disclosed his SSN as XXX-2X-XXX1 and authenticated this form by placing his signature in the appropriate block.
3. The applicant's DD Form 4 (Enlistment Contract Armed Forces of the United States) shows that on 28 December 1971, he enlisted in the Regular Army for a
3-year period under a temporary identification number. He apparently started using the SSN shown on his DD Form 398 shortly thereafter.
4. A review of his records shows the SSN used on his DD Form 398 and DD Form 4 was for the most part used throughout his military service. Nothing in his records shows he used the requested SSN during his military service.
5. On 18 August 1974, the applicant was honorably discharged. His DD Form 214 shows in item 3 (SSN) the same SSN used at the time of his enlistment. He immediately reenlisted on 19 August 1974.
6. On 28 January 1976, he was honorably released from active duty. His DD Form 214 shows the same SSN used on his DD Form 398.
7. The applicant provides a letter from the Social Security Administration which shows the SSN in his military records has been cross-referenced to his correct SSN. He also provides a service representative business card, his Social Security Card, and a Washington ID card issued on 23 February 2010.
8. 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 documentary evidence of his or her military service. It is important that information entered on the form be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Forms 214 to show his correct SSN was carefully considered.
2. There is nothing in his records that show he used the requested SSN nor does he provide evidence showing he used the SSN while on active duty.
3. 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 a different SSN in his records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
4. Therefore, absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, were correct at the time and there is insufficient evidence to grant him relief in this case.
5. However, a copy of this decisional document will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military record and the SSN he now uses.
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) AR20130000661
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ABCMR Record of Proceedings (cont) AR20130000661
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