IN THE CASE OF:
BOARD DATE: 12 November 2013
DOCKET NUMBER: AR20130004270
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) as "XXX-X6-8441" instead of "XXX-X8-3808."
2. The applicant states the SSN shown on his DD Form 214 is wrong and he needs it corrected to be eligible for benefits.
3. The applicant provides a copy of his social security card, college identification (ID) card, and 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. A DD Form 1966 (Application for Enlistment - Armed Forces of the United States), prepared by the applicant on 21 January 1976, shows he entered his SSN as "XXX-X8-3808" and he placed his signature on the document.
3. The applicant's DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) shows he enlisted in the U.S. Army on 22 January 1976 for a period of 3 years. The DD Form 4 shows the entry "XXX-X8-3808" in item 2 (SSN) and that the applicant placed his signature on the document.
4. Documents in the applicant's military personnel records consistently show his SSN was recorded as "XXX-X8-3808" throughout his period of service.
5. The applicant's DD Form 214 shows he was discharged under honorable conditions on 19 May 1977. It shows the entry "XXX-X8-3808" in item 3 (SSN).
6. Two Standard Forms 180 (Request Pertaining to Military Records), submitted by the applicant in August 1994 and January 2002, show he indicated his SSN was "XXX-X8-3808."
7. In support of his application the applicant provides the following documents:
a. a social security card that was issued on 4 May 2007 showing his SSN as "XXX-X6-8441"; and
b. Cuyahoga Community College ID card showing his student ID number; it does not show his SSN.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It established standardized policy for preparing and distributing the DD Form 214.
a. The purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation. Therefore, it is important that the information entered thereon is complete and accurate as of that date.
b. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contained guidance for preparation of the DD Form 214. It stated that all available records would be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record and orders. It stated to transcribe the SSN from the DA Form 2139 (Military Pay Voucher).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the social security card he provides supports his contention that his correct SSN is "XXX-X6-8441."
2. Records show that upon entry into the U.S. Armed Forces in January 1976 the applicant reported his SSN as "XXX-X8-3808."
3. The evidence of record shows the SSN the applicant reported as his SSN was consistently recorded in his military service records and on his DD Form 214. The evidence of record also shows he affirmed SSN "XXX-X8-3808" was his SSN when he submitted requests pertaining to his military records (in 1994 and 2002).
4. Considering all the evidence and information presented by the applicant together with the evidence of record, applicable law, and regulations, it is concluded that the evidence provided by the applicant relating to his SSN is insufficient to warrant changing his military records and separation document.
5. For historical purposes, the Army has an interest in maintaining the integrit 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.
6. In view of the foregoing, there is no basis for granting the requested relief.
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) AR20130004270
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ABCMR Record of Proceedings (cont) AR20130004270
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