IN THE CASE OF:
BOARD DATE: 17 September 2013
DOCKET NUMBER: AR20130003684
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 item 3 (Social Security Number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) from "xxx-xx-3023" to "xxx-xx-4748" (a completely different number).
2. The applicant states the SSN listed on his DD Form 214 is incorrect.
3. The applicant provides his DD Form 214 and National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service).
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's DD Form 398 (Statement of Personal History) which would have listed the SSN he disclosed upon his enlistment in the California Army National Guard (CAARNG) is not available for review with this case.
3. The applicant enlisted in the CAARNG on 17 September 1965. His DD Form 4 (Enlistment Record - Armed Forces of the United States) listed his Service Number; it did not list his SSN.
4. The applicant entered active duty for training (ACDUTRA) on 3 January 1967. His DA Form 20 (Enlisted Qualification Record) which would have been created upon his entry on active duty is also not available for review with this case.
5. The applicant was honorably released from ACDUTRA on 24 May 1967 to the control of the CAARNG. Item 3 of his DD Form 214 shows his SSN as "xxx-xx-3023" (the contested SSN).
6. Nothing in his records shows he used the requested SSN during his military service.
7. He was discharged from the CAARNG on 16 September 1971. Item 2 of his NGB Form 22 listed his SSN as "xxx-xx-4748" (the requested SSN).
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldier's upon retirement, discharge, or release from active military service or control of the Army. This regulation establishes standardized policy for the preparation of the DD Form 214. It states the complete name, SN, and SSN of the separating service member will be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 398 is not available for review with this case. His initial enlistment contract did not list his SSN. Nothing in his records shows what SSN he used during his active duty service.
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 a different SSN, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. 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, was correct at the time and there is insufficient evidence to grant him relief in this case.
4. 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 record 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) AR20130003684
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ABCMR Record of Proceedings (cont) AR20130003684
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