BOARD DATE: 24 October 2014
DOCKET NUMBER: AR20130004131
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his Social Security Number (SSN) as "xxx-x4-xxxx" instead of "xxx-x5-xxxx."
2. The applicant states he is filing a service connected disability claim with the Department of Veterans Affairs (VA) and the correct SSN must be shown.
3. The applicant provides a copy of his DD Form 214, a letter from VA, and a 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's military record is not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there were sufficient documents available for the Board to conduct a fair and impartial review of this case. This case is being considered using the DD Form 214 submitted by the applicant.
3. The applicant's DD Form 214 shows he enlisted in the Regular Army on 7 January 1955. He was honorably released from active duty on 17 December 1957 upon completion of 2 years, 11 months, and 11 days of creditable active service. Item 32 (Remarks) shows his SSN as "xxx-x5-xxxx." The applicant authenticated this document with his signature at the time of his separation.
4. The only document available from the applicant's record maintained by the National Archives and Records Administration is U.S. Army Personnel Center, Fort Chaffee, AR, Special Orders Number 295, dated 17 December 1957. These orders show his service number, but do not bear an SSN.
5. The applicant provided a copy of a signed Social Security card bearing his name that lists SSN "xxx-x4-xxxx."
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers 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. The regulation in effect at the time of the applicant's separation stated the complete name and SSN of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. 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. Since his record is unavailable for the Board to review, there is no way to verify what SSN the applicant used during his tenure of service and the DD Form 214, which he signed, is presumed to have been correct based upon the information available at the time. 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 the requested 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.
2. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record (AMHRR), formerly known as the Official Military personnel File. This should serve to clarify any questions or confusion in regard to the SSN recorded in his military records and to satisfy his desire to have the requested SSN documented in his AMHRR.
3. The ABCMR does not amend and/or correct military records solely for the purpose of making the applicant eligible for employment or employment benefits.
4. Additionally, in order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant did not submit any evidence that would satisfy this requirement. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20130004131
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130004131
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120005213
The applicant requests correction of his DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 14 May 2005 and 20 January 2010 to show his social security number (SSN) as "XXX-X4-XXXX" instead of "XXX-X5-XXXX." A thorough review of documents contained in the applicant's military personnel records shows his social security number appears as both "XXX-X4-XXXX" and "XXX-X5-XXXX" on several documents throughout his tenure of service. Therefore, he is...
ARMY | BCMR | CY2012 | 20120001837
His records contain a U.S. Army Administration Center (USAAC) Form 170 (Army Reserve Personnel Data Review), dated 1 March 1967, that shows he attempted to have his military records corrected to show his correct SSN. However, the evidence of record shows the SSN of "XXX-X5-XXXX" was used when the FSM enlisted in the RA in 1962 and when he was released from active duty in 1965. __________X_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2011 | 20110009722
A review of documents contained in the FSM's military personnel record primarily shows his assigned military service number was used during his period of active service. The FSM's record contains a U.S. Army Administration Center (USAAC) Form 170 (Army Reserve Personnel Data Review), dated 1 March 1967, that was signed by the FSM well after his release from active duty. Although the FSM's military service number was primarily used during his period of active service his record contains...
ARMY | BCMR | CY2013 | 20130018429
Application for correction of military records (with supporting documents provided, if any). His record contains a DA Form 2496 (Disposition Form), initiated on 15 August 1973, which shows he requested correction of his military records to show his social security number as "xxx-x4-xxxx" instead of "xxx-x5-xxxx." Although the applicant's social security number appears as both "xxx-x5-xxxx" and "xxx-x4-xxxx" in his military personnel records evidence from the U.S. Social Security...
ARMY | BCMR | CY2013 | 20130016003
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of her Army Military Human Resource Records (AMHRR) to show her social security number (SSN) as XXX-X6-XXXX. There is no evidence in the available record showing that she used "XXX-X6-XXXX" as her SSN.
ARMY | BCMR | CY2012 | 20120006378
Application for correction of military records (with supporting documents provided, if any). As for his SSN, the evidence of record shows the SSN of "XXX-X4-XXXX" was used when he enlisted in the RA in January 1976 and when he was discharged in October 1976. Therefore, there is an insufficient basis for amending his SSN on his military records.
ARMY | BCMR | CY2013 | 20130007737
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his medical records and DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as "X22-X4-XXX" instead of "X57-X8-XXXX." 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...
ARMY | BCMR | CY2009 | 20090005510
BOARD DATE: 20 August 2009 DOCKET NUMBER: AR20090005510 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his records to show his correct social security number (SSN). The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct SSN, will be filed in his Official Military Personnel File (OMPF).
ARMY | BCMR | CY2011 | 20110014075
Application for correction of military records (with supporting documents provided, if any). This Record of Proceedings will be filed in his official military personnel file to document the SSN that is listed on his SSN Card and clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and the SSN on the documents he submitted. ABCMR Record of Proceedings (cont) AR20110014075 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF...
ARMY | BCMR | CY2013 | 20130010258
The applicant states documents from the Social Security Administration (SSA) show his correct SSN is "XXX-X1-XXXX," which supports the fact that an error was made when the Military Entrance Processing Station verified his SSN upon his initial entry into the active Army in 1983. He then stated the applicant's correct SSN was "XXX-X4-XXXX" instead of what the applicant had stated. Concerning his request that his military records be corrected in DEERS, DFAS, and other appropriate agencies,...