IN THE CASE OF:
BOARD DATE: 15 August 2013
DOCKET NUMBER: AR20130001713
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 (Report of Separation from Active Duty) to show his social security number (SSN) as "XX9-XX-XXX" instead of "XX6-XX-XXXX."
2. He states a clerical error exists on his DD Form 214.
3. He provides his social security card and 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. The applicant enlisted in the Regular Army on 31 October 1974. His enlistment document shows his SSN as XX6-XX-XXXX. On 21 November 1975, he was discharged from active duty under other than honorable conditions.
3. Item 3 (SSN) of his DD Form 214 shows his SSN as XX6-XX-XXXX.
4. All the documents containing an SSN in his military personnel records list his SSN as XX6-XX-XXX. These documents include the following:
* DD Form 398 (Statement of Personal History), dated 31 October 1974
* DA Form 2-1 (Personnel Qualification Record)
* DA Form 428 (Application for Identification Card), dated 9 July 1975
* Various orders
5. He provided his social security card which shows his SSN as XX9-XX-XXXX.
6. Army Regulation 635-5 (Separation Documents) states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's SSN throughout his service and at the time he was discharged from active duty was shown as XX6-XX-XXXX. There is no evidence of record that shows he ever presented XX9-XX-XXXX as his SSN or used this SSN during his active service. Therefore, there is an insufficient basis for changing his SSN on his DD Form 214.
2. 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. 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 Army's records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his official Army Military Human Resource Record (AMHRR). 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 AMHRR.
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) AR20130001713
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ABCMR Record of Proceedings (cont) AR20130001713
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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