IN THE CASE OF:
BOARD DATE: 12 November 2013
DOCKET NUMBER: AR20130005712
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 his correct social security number (SSN).
2. The applicant states his SSN is incorrectly listed on his DD Form 214 as "xx3-4x-2xx9." His correct SSN is "xx9-5x-xxx0." This is a clerical error.
3. The applicant provides copies of his DD Form 24 and social security card (front and back).
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 military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed his records were destroyed in that fire. However, the applicant provided a copy of his DD Form 214 which is sufficient evidence for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States (AUS) on 17 September 1969. He held military occupational specialty 72B (communications center specialist).
4. He was honorably released from active duty in pay grade E-5 on 20 April 1971, as an overseas returnee, and was transferred to the U.S. Army Reserve.
Item 3 (SSN) of DD Form 214 lists his SSN as "xx3-4x-xxx9."
5. He provides a copy of his social security card that lists his SSN as
"xx9-5x-xxx0."
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The regulation established standardized policy for preparation of the DD Form 214. The instructions stated to verify the accuracy of the Soldiers SSN with the SSN of record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were carefully considered; however, there is no evidence of record and he did not provide sufficient evidence to show the SSN shown on his DD Form 214 is incorrect. Without his records, but without evidence to the contrary, it is presumed that he served under the SSN currently shown on his DD Form 214. Therefore, there is insufficient evidence to show an error exists or as a basis for changing the SSN shown on his DD Form 214.
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 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.
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) AR20130005712
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ABCMR Record of Proceedings (cont) AR20130005712
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