IN THE CASE OF:
BOARD DATE: 8 October 2013
DOCKET NUMBER: AR20130004281
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 (Report of Separation from Active Duty) to show his correct social security number (SSN).
2. The applicant states the Army made the mistake at the time of his discharge.
3. The applicant provides:
* DD Form 214
* Letter from Social Security Administration
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, and 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 Army National Guard on 14 July 1977. His enlistment document shows he used the SSN listed on his DD Form 214 throughout his military career.
3. The applicants record contains a DA Form 2-1 (Personnel Qualification Record) which shows the same SSN as shown on his DD Form 4 (Enlistment or Reenlistment Agreement Armed Forces of the United States) and his DD Form 214, both of which he authenticated.
4. On 14 March 1978, the applicant was honorably released from active duty for training.
5. The applicant provides a letter from the Social Security Administration which shows a totally different SSN than the one he used throughout his military service.
6. Army Regulation 635-5 (Separation Documents) provides guidance on the preparation of the DD Form 214 for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation has historically stated that item 3 of the DD Form 214 will contain the SSN taken from the Soldier's personnel record.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to change the SSN on his DD Form 214 was carefully considered; however, there is insufficient evidence to support his request.
2. The evidence of record confirms the applicant entered active duty and served under the SSN he now claims is incorrect. As a result there is an insufficient evidentiary basis to support granting the requested relief.
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 and under which military service was performed. While it is understandable the applicant desires to have his DD Form 214 to show his current SSN, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. This Record of Proceeding will be filed in his military record in order to provide clarity and to deal with any confusion that may arise regarding the difference in the SSN under which he performed his military service and was separated vice the SSN he indicates he now uses. Filing the Board's decisional document will also guarantee the historical integrity of the applicant's military record
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) AR20130004281
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ABCMR Record of Proceedings (cont) AR20130004281
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