IN THE CASE OF:
BOARD DATE: 24 October 2013
DOCKET NUMBER: AR20130004294
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-XX-65XX vice XXX-XX-56XX.
2. He states his SSN is wrong on his DD Form 214.
3. The applicant provides his 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 was inducted into the Army of the United States on
13 September 1966. At the time of induction, he was assigned a military service number that was primarily used for identification purposes.
3. The following documents contained in his official record show his SSN as XXX-XX-56XX:
a. DA Form 41 (Record of Emergency Data), dated 3 April 1968,
b. General Orders Number 117, issued by Headquarters, U.S. Amy Combat Developments Command, Experimentation Command, dated 31 July 1968; and
c. Special Orders Number 253, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Ord, CA, dated 9 September 1968.
4. On 27 September 1973, he was released from active duty after serving honorably for 2 years. Item 3 (SSN) of his DD Form 214 shows his SSN as XXX-XX-56XX.
5. He submitted a copy of his Social Security card, which shows his SSN as XXX-XX-65XX.
6. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. The regulation then in effect provided that the Soldier's SSN would be entered in item 3 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. All of the documents in the applicant's record show he used SSN XXX-XX-56XX when he served in an active duty status.
2. For historical purposes, the Army has an interest in maintaining the accuracy 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 record his current SSN on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his record. This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military record and his current SSN.
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) AR20130004294
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ABCMR Record of Proceedings (cont) AR20130004294
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