IN THE CASE OF:
BOARD DATE: 24 September 2013
DOCKET NUMBER: AR20130004051
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as XXX-XX-9859.
2. The applicant states he did not have an SSN when he enlisted so he used his brother's SSN instead.
3. The applicant provides copies of his DD Form 214 and Pennsylvania Identification 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 on 18 January 1966 for a period of 4 years, training as an armor crewman, and assignment to Europe. At the time of his enlistment he provided the same SSN shown on his DD Form 214.
3. He completed basic training at Fort Jackson, South Carolina, and advanced individual training at Fort Knox, Kentucky. He was transferred to Germany on 19 June 1966 for assignment to an armored cavalry troop in Bad Kissingen, where he remained until 28 May 1969 when he was transferred to Fort Knox.
4. On 16 January 1970, he was honorably released from active duty due to the expiration of his term of service. He completed 3 years, 11 months, and 29 days of active service. His DD Form 214 shows his SSN as the same SSN he provided when he enlisted.
5. There is no evidence in his service records of the SSN he now provides on his application and he has provided no official documentation to show the SSN he now provides is his valid SSN.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to reflect a different SSN has been noted and found to lack merit.
2. A review of the applicant's official records shows he served his entire period of service using the same SSN shown on his DD Form 214.
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 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.
4. The applicant is advised that a copy of this decisional document will be filed in his official records. This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military records and to satisfy his desire to have the SSN listed on his application documented in his 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 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) AR20130004051
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