IN THE CASE OF:
BOARD DATE: 27 August 2013
DOCKET NUMBER: AR20130002261
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 (Report of Separation from Active Duty) be corrected to show the second digit of his Social Security Number (SSN) is a 3 instead of a 5.
2. The applicant states the second digit of his SSN is incorrectly reflected on his DD Form 214.
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. The applicant enlisted in the Regular Army on 30 August 1977 for a period of
4 years and training as a water treatment and plumbing systems specialist. At the time he enlisted he used the SSN that is listed on his DD Form 214.
3. He completed one-station unit training at Fort Leonard Wood, Missouri and was transferred to Fort Riley, Kansas where he continued to use the SSN that is listed on his DD Form 214.
4. On 1 August 1979, he was honorably discharged under the provisions of Army Regulation 635-200, chapter 5 (Expeditious Discharge Program). He completed 1 year, 11 months, and 2 days of active service and his DD Form 214 reflects the SSN that is listed throughout his records and on his identification card.
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 the information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. His DD Form 214 was properly prepared to reflect the SSN he was serving under at the time of discharge in accordance with the applicable regulation. The applicant has provided no evidence to show his SSN is other than that reflected on his DD Form 214.
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 change his 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. Accordingly, there is no basis for granting the applicant's requested relief.
3. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record, formerly known as the Official Military Personnel File. This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military record and to satisfy his desire to have his currently-used SSN documented in his record.
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) AR20130002261
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