IN THE CASE OF:
BOARD DATE: 1 August 2013
DOCKET NUMBER: AR20130000727
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the first three digits of his Social Security Number (SSN) is 466 instead of 499.
2. The applicant states that when he enlisted in 1979 he was issued the SSN that is reflected on his DD Form 214; however, once he moved to Pennsylvania in 1987 the Social Security Administration issued him an SSN with the first three digits of 466.
3. The applicant provides copies of his Social Security card, Georgia Drivers license, a copy of his enlistment contract, and documents from his official records.
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 enlisted in the Regular Army on 31 August 1979 for a period of 4 years and training as an electrical instrument repairer. His enlistment contract shows the first three digits of his SSN as 499.
3. He completed his basic training at Fort Jackson, South Carolina and his advanced individual training at Fort Gordon, Georgia and Redstone Arsenal, Alabama before being transferred to Fort Leonard Wood, Missouri where he remained until he was honorably released from active duty (REFRAD) on
30 August 1983. His DD Form 214 issued at the time of his REFRAD shows that his SSN was recorded the same as when he enlisted and served his entire enlistment, with the first three digits of 499.
4. A review of his records shows that all of the documents contained in his records, to include those completed by the applicant, contain the SSN that is reflected on his DD Form 214.
5. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. At the time the applicant enlisted he provided the SSN that is reflected on his DD Form 214 and all other documents contained in his military record. He has not provided evidence from the Social Security Administration which explains why he served under an SSN other than that which is listed on his Social Security Card or why it was changed. Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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 official records. 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 his correct SSN documented in his official records.
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) AR20130000727
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ABCMR Record of Proceedings (cont) AR20130000727
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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