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 applicants 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 applicants 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 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) AR20130004487
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