IN THE CASE OF:
BOARD DATE: 30 July 2013
DOCKET NUMBER: AR20130000849
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 "x84-xx-xxxx" instead of "x48-xx-xxxx."
2. The applicant states, in effect, the correction is required for Department of Veterans Affairs benefits.
3. The applicant provides a copy of his DD Form 214.
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. In connection with his induction into the Army of the United States, the applicant completed a DD Form 398 (Statement of Personal History), but he did not disclose his SSN. He authenticated this form by placing his signature in the appropriate block.
3. On 17 January 1966, the applicant was inducted into the Army of the United States. His DD Form 47 (Record of Induction) listed his service number; it did not list his SSN.
4. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty also listed his service number; it did not list his SSN.
5. Nothing in his records shows he used the requested SSN during his military service.
6. On 15 December 1967, he was honorably released from active duty. Item 3 (SSN) of his DD Form 214 shows his SSN is listed as "x48-xx-xxxx." He authenticated this form by placing his signature in the appropriate block.
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. 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's request for correction of his DD Form 214 to show his SSN as "x84-xx-xxxx" instead of "x48-xx-xxxx" was carefully considered.
2. There is nothing in his records to show he used the requested SSN and neither 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; however, 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 records and to satisfy his desire to have his requested SSN documented in his official military 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) AR20130000849
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ABCMR Record of Proceedings (cont) AR20130000849
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