BOARD DATE: 5 December 2013
DOCKET NUMBER: AR20130006918
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 (Report of Separation from Active Duty) to show his Social Security Number (SSN) as "xxx-xx-xxx6" instead of "xxx-xx-xxx4.
2. The applicant states his DD Form 214 incorrectly reflects his SSN.
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 enlisted in the Ohio Army National Guard on 15 March 1979 for a period of 6 years.
3. His record contains a DD Form 1966/1-6 (Application for Enlistment Armed Forces of the United States) and a DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), both dated 15 March 1979 and signed by the applicant. These documents show his SSN as "xxx-xx-xxx4."
4. On 17 June 1979, he was ordered to active duty for training (ADT) and he was transferred to Fort Sill, OK where he underwent his one-station unit training as a cannon crewman.
5. He completed his training and he was honorably released from ADT on
6 September 1979. His DD Form 214 for this period of service reflects his SSN as "xxx-xx-xxx4," the same SSN under which he enlisted.
6. On 26 November 1985, he was honorably discharged from the U.S. Army Reserve (USAR). The discharge documents issued at the time also reflect the same SSN as on his enlistment documents.
7. A review of all the documents in the applicant's official record bearing his SSN failed to reveal any SSN other than the one under which he initially enlisted, "xxx-xx-xxx4," and used throughout his service.
8. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the
DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted, served, and was honorably released from active duty under the SSN that is reflected on his
DD Form 214. There is no evidence of record or independent evidence that suggests his military record exhibits a material error or injustice. The applicant has offered no explanation as to the difference in the SSN he used at the time he served in the military and the SSN he currently uses.
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 Armys records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resources Record (AMHRR), formerly known as the Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have his current SSN documented in his records.
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.
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