IN THE CASE OF:
BOARD DATE: 12 December 2013
DOCKET NUMBER: AR20130006632
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 item 3 (Social Security Number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his SSN as XXX-XX-9995.
2. The applicant states his SSN is incorrectly shown on his DD Form 214. His correct SSN is XXX-XX-9995. He needs his SSN corrected for social security retirement benefits.
3. The applicant provides copies of his DD Form 214 and social security card.
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 complete military records are not available 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 lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record and documentation submitted by the applicant for the Board to conduct a fair and impartial review of this case.
3. His available military records show he enlisted in the Regular Army on 29 July 1966. At the time of his enlistment he was assigned and identified by a service number which began with the prefix "RA" for Regular Army.
4. His available records contain a Standard Form 89 (Report of Medical History) which shows he underwent a separation examination on 13 May 1969. His SSN is not listed on this form.
5. He was released from active duty on 28 July 1969. Item 3 of his DD Form 214 lists his SSN as XXX-XX-2801.
6. He provided a copy of his social security card which shows his SSN as
XXX-XX-9995.
7. 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 Soldier's SSN with the SSN of record.
DISCUSSION AND CONCLUSIONS:
1. It appears the applicant recorded his SSN as XXX-XX-2801 when he enlisted on 29 July 1966. There is no evidence of record and he did not provide sufficient evidence to show the SSN listed on his DD Form 214 was not the SSN he claimed at that time. Absent convincing independent and verifiable evidence to the contrary, it is presumed that his DD Form 214 was correct at the time it was prepared. Therefore, there is an insufficient evidentiary basis to grant him relief.
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 he now desires to 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 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) AR20130006632
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ABCMR Record of Proceedings (cont) AR20130006632
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