IN THE CASE OF:
BOARD DATE: 15 October 2013
DOCKET NUMBER: AR20130004013
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) with the sixth digit as 2 vice 5.
2. The applicant states his SSN is wrong on his DD Form 214.
3. The applicant provides his DD Form 214 and social security 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. The applicant enlisted in the Regular Army (RA) on 27 December 1973. His DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 27 December 1973, shows his SSN with the sixth digit as 5. He authenticated this form by placing his signature in the appropriate block on that date.
3. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN with the sixth digit as 5. He authenticated this form by placing his signature in the appropriate block on 7 January 1974.
4. His record contains several orders, personnel, and legal documents, to include a DD Form 1584 (National Agency Check Request), dated 5 January 1974, that all show his SSN with the sixth digit as 5. He authenticated many of these documents by placing his signature in the appropriate block.
5. He was honorably discharged on 25 January 1974. He completed 29 days of creditable active service.
6. Item 3 (SSN) of the DD Form 214 he was issued shows his SSN with the sixth digit as 5.
7. The applicant provides his social security card, dated 27 June 2012, wherein it shows his SSN with the sixth digit as 2.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms that upon the applicant's entry into the RA, his SSN was listed with the sixth digit as 5. This SSN is consistent with the SSN he used throughout his military service. He authenticated many documents by placing his signature in the appropriate place indicating the information provided, including his SSN, was correct. He did not use the SSN he now claims during his period of 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 and there is not a sufficiently compelling reason for compromising the integrity of the Armys records. Therefore, he is not entitled to correction of the SSN that is listed on his DD Form 214.
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) AR20130004013
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130004013
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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