IN THE CASE OF:
BOARD DATE: 22 October 2013
DOCKET NUMBER: AR20130004780
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 reconsideration of his application for an upgrade of his general discharge under honorable conditions to honorable. As a new issue, he 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-3570."
2. The applicant states, in effect, his current SSN is "XXX-XX-3570." He further contends that his discharge for failure to meet acceptable standards for retention did not warrant a discharge under honorable conditions (general).
3. The applicant provides his DD Form 214, official name change, Ohio driver's license, social security card, and birth certificate.
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's request for an upgrade of his general discharge under honorable conditions to an honorable discharge was addressed in ABCMR Docket Number 2001060677 on 29 January 2002. He has not provided any new evidence or convincing argument that warrants reconsideration at this time. Army Regulation 15-185 (Army Board for Correction of Military Records) sets forth procedures for processing requests for correction of military records. Paragraph 2-15b governs requests for reconsideration. This regulatory provision allows an applicant to request reconsideration of an earlier ABCMR decision provided it is received within 1 year of the ABCMR's original decision and has not previously been reconsidered. Accordingly, this issue will not be reconsidered. The applicant's new issue concerning his SSN will be addressed by the Board.
3. The applicant enlisted in the Regular Army on 30 July 1979.
4. The SSN "XXX-XX-3616" shown on his DD Form 4 (Enlistment or Reenlistment Agreement Armed Forces of the United States) is shown on every document in his Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File) requiring the use of an SSN.
5. He was honorably discharged on 21 May 1982. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-3616."
6. The applicant provided a copy of his social security card which shows his SSN as "XXX-XX-3570."
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted in the Regular Army under the SSN "XXX-XX-3616." That SSN is shown on every document contained in his AMHRR that requires the use of an SSN.
2. 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. 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 that the applicant desires to now record his current SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
3. He is advised that a copy of this decisional document which shows his current SSN will be filed in his AMHRR. This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military records and to satisfy his desire to have his current SSN documented in his AMHRR.
4. In view of the above his request should be denied.
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 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) AR20130004780
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