Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130004281
Original file (20130004281.txt) Auto-classification: Denied

		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 applicant’s 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 applicant’s 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 Army’s 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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130004281



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2013 | 20130004487

    Original file (20130004487.txt) Auto-classification: Denied

    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). Counsel states, in effect, the applicant’s DD Form 214 should be corrected to show his correct SSN. ABCMR Record of Proceedings (cont) AR20130004487 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130004487 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1

  • ARMY | BCMR | CY2013 | 20130002200

    Original file (20130002200.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as it is listed on his social security card. His DD Form 214 contains the same SSN used throughout his military career. The applicant provided documentation which shows he currently uses a totally different SSN than the SSN recorded in the available record.

  • ARMY | BCMR | CY2010 | 20100013467

    Original file (20100013467.txt) Auto-classification: Denied

    The applicant requests the social security number ***-**-2614 on his DD Form 214 (Report of Separation from Active Duty) with an effective date of 9 August 1973 be changed to his current SSN ***-**-2746. The applicant's military personnel records show he enlisted in the Regular Army on 17 November 1970 for 3 years. He used this SSN from 1968 to 1984.

  • ARMY | BCMR | CY2012 | 20120010320

    Original file (20120010320.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). A review of every document contained in the applicant's military personnel record shows the applicant served under a completely different SSN throughout his tenure of service than the one he now claims. Although the applicant requests to correct his DD Form 214 to show his SSN as it is listed on his social security card, all of the documents in his military service records show he served in the...

  • ARMY | BCMR | CY2011 | 20110004028

    Original file (20110004028.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 20 September 2011 DOCKET NUMBER: AR20110004028 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his social security number (SSN) on his DD Form 214 (Certificate of Release or Discharge from Active Duty). However, the documents in his military personnel records show he enlisted, served, and was discharged using the SSN that is listed on his DD Form 214.

  • ARMY | BCMR | CY2014 | 20140008708

    Original file (20140008708.txt) Auto-classification: Denied

    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. The documents in his service record show the same SSN that is listed on his DD Form 214. The applicant is advised that a copy of this decisional document, which confirms his current SSN, will be filed in his Official Military Personnel File...

  • ARMY | BCMR | CY2011 | 20110010155

    Original file (20110010155.txt) Auto-classification: Denied

    A review of documents contained in his military personnel records shows his SSN consistently appears as "522-XX-XXXX" throughout his tenure of service. Although the applicant requests correction of his DD Form 214 to show the SSN as shown on his social security card all of the documents in his military service records show he served in the Army using a different SSN. The applicant is advised that a copy of this decisional document will be filed in his official military personnel file (OMPF).

  • ARMY | BCMR | CY2013 | 20130013259

    Original file (20130013259.txt) Auto-classification: Denied

    A review of every document contained in the applicant's military personnel record shows he served under the name of "L____ A___ M_______," and with an SSN that is completely different from the SSN he requests to be documented in his record. Although the applicant requests to correct his DD Form 214 to show his name and SSN as it is listed on his Social Security Card, all of the documents in his military service record show he served in the Army using the name and SSN listed on his DD Form...

  • ARMY | BCMR | CY2014 | 20140013697

    Original file (20140013697.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as it is listed on his social security card. His DD Form 214 shows in Item 3 (SSN) “XXX-XX-3535.” 5. The available evidence shows the applicant used several different SSN's during his active military service.

  • ARMY | BCMR | CY2014 | 20140008154

    Original file (20140008154.txt) Auto-classification: Denied

    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. His DD Form 4 (Enlistment Contract- Armed Forces of the United States) shows an SSN that is different from the SSN listed on his social security card. Although the applicant requests correction of his records to show his SSN as it is shown...