Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130004487
Original file (20130004487.txt) Auto-classification: Denied

	
		BOARD DATE:	  14 November 2013

		DOCKET NUMBER:  AR20130004487 


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: 

* He lost his Social Security Card prior to entering the Army
* He asked for a replacement card and was given a different SSN in 1968 by the Social Security Administration (SSA)
* The number reflected on his DD Form 214 causes confusion in acquiring health care benefits with the Department of Veterans Affairs (VA)

3.  The applicant provides:

* DD Form 214
* Three letters from the SSA

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  The American Legion counsel requests the same as above.

2.  Counsel states, in effect, the applicant’s DD Form 214 should be corrected to show his correct SSN.

3.  Counsel provides no additional evidence.

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 in the Army of the United States on 5 July 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant’s record contains a DA Form 20 (Enlisted Qualification Record), DD Form 1584 (National Agency Check Request), and a DD Form 398 (Statement of Personal History), which shows the same SSN as shown on his DD Form 214.

4.  On 3 July 1969, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR).

5.  The applicant provides a letter from the SSA 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)                                         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

Similar Decisions

  • 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 | CY2009 | 20090014664

    Original file (20090014664.txt) Auto-classification: Denied

    The applicant served under SSN 437-XX-XXXX and at no time did he use SSN 568-XX-XXXX while on active duty. ___________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) AR20090014664 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090014664 3 ARMY BOARD FOR CORRECTION OF...

  • ARMY | BCMR | CY2009 | 20090018430

    Original file (20090018430.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant's military records show he enlisted in the Regular Army on 26 April 1977. All orders and other documents prepared on the applicant during his military service on file in his Official Military Personnel File (OMPF) list the SSN recorded on his DD Form 4, DA Form 2-1, and DD Form 214.

  • ARMY | BCMR | CY2014 | 20140019038

    Original file (20140019038.txt) Auto-classification: Denied

    His records show he consistently used xxx-x7-2160 as his SSN throughout his period of military service. Based on the social security card from the Social Security Administration, his SSN is currently xxx-x1-0154; however, it is not the SSN he used when he served on active duty, and this does not change the conditions and circumstances that existed at the time his service records were created. ___________x______________ CHAIRPERSON I certify that herein is recorded the true and complete...

  • ARMY | BCMR | CY2012 | 20120019928

    Original file (20120019928.txt) Auto-classification: Denied

    The applicant requests correction of his military records to show a different social security number (SSN). A review of his Army Military Human Resource Record (AMHRR) revealed that all documents contained in his record bearing his SSN reflect the SSN he claims is incorrect. The evidence of record shows he served under the SSN shown on his DD Form 214 throughout his entire military service.

  • ARMY | BCMR | CY2009 | 20090021824

    Original file (20090021824.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his correct social security number (SSN). Although the applicant requests correction of his DD Form 214 to show the SSN as shown on his social security card, all documents in his available military service records show he served in the RA and the ARNG using a different SSN. The applicant is advised that a copy of this decisional document along with his application and the...

  • ARMY | BCMR | CY2013 | 20130000661

    Original file (20130000661.txt) Auto-classification: Denied

    Nothing in his records shows he used the requested SSN during his military service. His DD Form 214 shows in item 3 (SSN) the same SSN used at the time of his enlistment. The applicant provides a letter from the Social Security Administration which shows the SSN in his military records has been cross-referenced to his correct SSN.

  • ARMY | BCMR | CY2009 | 20090020882

    Original file (20090020882.txt) Auto-classification: Denied

    The applicant requests correction of item 3 (Social Security Number (SSN)) of his DD Form 214 (Report of Separation from Active Duty) to show the first digit as "1" instead of "4." The applicant's request to have his SSN in his Army records changed was carefully considered; however, it is not supported by the evidence provided. ABCMR Record of Proceedings (cont) AR20090020882 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)...

  • ARMY | BCMR | CY2014 | 20140009374

    Original file (20140009374.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests reconsideration of the Board's previous decision on her request for correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her social security number (SSN) as XXX-XX-7701. ABCMR Record of Proceedings (cont) AR20140009374 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)...

  • ARMY | BCMR | CY2011 | 20110013840

    Original file (20110013840.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). 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 "XXX-XX-3413" instead of "XXX-XX-6046." All documents in his available record show his SSN as "XXX-XX-6046."