IN THE CASE OF:
BOARD DATE: 26 November 2014
DOCKET NUMBER: AR20130005646
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 (Armed Forces of the United States Report of Transfer or Discharge) to show the last digit of his social security number (SSN) as a 6 instead of a 0.
2. The applicant states his DD Form 214 incorrectly lists his SSN as
XXX-XX-XXX0 instead of XXX-XX-XXX6.
3. The applicant provides a copy of his DD Form 214 with his application.
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 applicants 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 applicants 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 military record contains a DD Form 398 (Statement of Personal History) which was completed during his enlistment processing. Item 13 (Employment), which contains a block for his SSN, contains the entry UNKNOWN.
3. On 20 July 1965, he enlisted in the Regular Army (RA). The DA Form 20 (Enlisted Qualification Record) prepared upon his entry on active duty lists the SSN he claims is incorrect.
4. The majority of the documents contained in the applicants Army Military Human Resource Record (AMHRR) (previously known as the official military personnel file) lists SSN "XXX-XX-XXX0" which he now claims is incorrect. His AMHRR also contains several documents that list his SSN as XXX-XX-XXX6, which he claims is correct.
5. On 19 July 1969, the applicant was honorably discharged after completing 4 years of total active service. Item 3 (SSN) of his DD Form 214 lists the SSN that he claims is incorrect.
6. The applicant did not provide a copy of his social security card, a letter from the Social Security Administration, his passport, or any other official document which lists his correct SSN.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows the applicant was unaware of his SSN during his enlistment processing. In addition, while the majority of the documents contained in his AMHRR list the SSN that he now claim is incorrect, there are some documents which list the SSN that he claims is correct. However, he did not provide any official document, i.e., his social security card or some other official document which lists his correct SSN, for the Board to determine which of the SSNs is correct.
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 his DD Form 214 to now list the SSN that he claims is incorrect, there is not a sufficiently compelling reason for compromising the integrity of this document at this time.
3. The applicant is advised that a copy of this decisional document will be filed in his AMHRR. This should serve to clarify any questions or confusion in regard to the two different SSNs and to satisfy his desire to have the requested SSN documented in his record or he may provide a copy of his social security card or other official document with a request for reconsideration.
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) AR20120007115
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ABCMR Record of Proceedings (cont) AR20130005646
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