IN THE CASE OF:
BOARD DATE: 22 August 2013
DOCKET NUMBER: AR20130002200
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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as it is listed on his social security card.
2. The applicant states, in effect:
* The administration clerk made a mistake and wrote the wrong SSN on his
DD Form 214.
* He did not realize that his SSN was wrong at the time of discharge
* He needs his DD Form 214 corrected to receive Department of Veterans Affairs (VA) benefits
3. The applicant provides:
* A copy of his social security card
* DD Form 214
* State of 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. On 4 December 1978, the applicant enlisted in the U.S. Army Reserve. His enlistment document shows he used the SSN that is listed on his DD Form 214 at the time of enlistment and throughout his military career.
3. The applicants DA Form 2-1 (Personnel Qualification Record) that was created upon entering the Army shows the same SSN as that shown on his DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), DD Form 1966/1 1966-6 (Application for Enlistment Armed Forces of the United States), and his DD Form 214.
4. On 1 July 1980, he was honorably released from active duty and reassigned to the U.S. Army Reserve to complete his Reserve obligation. His DD Form 214 contains the same SSN used throughout his military career.
5. The applicant provides a copy of his social security card, State ID Card, and VA ID Card. The social security card depicts a totally different SSN than that used by the applicant throughout his military service.
6. Army Regulation 635-5 (Separation Documents) provides guidance on the preparation of the DD Form 214 for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation has historically stated that item 3 of the DD Form 214 will contain the SSN taken from the Soldier's personnel record.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to change his SSN on his DD Form 214 was carefully considered; however, it is not supported by the evidence of record.
2. The applicant provided documentation which shows he currently uses a totally different SSN than the SSN recorded in the available record. The available evidence shows he enlisted using the SSN listed on his DD Form 214 and he continued to use this number throughout his military career. There is no evidence that he served in an active duty status using the SSN that he currently uses.
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 have his DD Form 214 to show his current SSN, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. Therefore, there is insufficient evidence to grant him relief in this case.
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) AR20130002200
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ABCMR Record of Proceedings (cont) AR20130002200
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