IN THE CASE OF:
BOARD DATE: 17 December 2013
DOCKET NUMBER: AR20130007490
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 her DD Form 214 (Report of Separation from Active Duty) for the period ending 7 June 1977 and her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 June 1992 to show her Social Security Number (SSN) as "xxx-xx-xxx2" instead of "xxx-xx-xxx3."
2. The applicant states, in effect, she became aware of the error on her first DD Form 214 in 1992, prior to getting married. She put in for a name change and correction of her SSN; however, when she reviewed her subsequent DD Form 214 she noticed it had not been changed. She resided in Germany until September 2012. Now that she has returned to the United States, she wishes to correct the record.
3. The applicant provides copies of her DD Forms 214 and her 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 Regular Army on 30 May 1974.
3. A review of every document contained in the applicant's military personnel record for all periods of service shows she served under SSN "xxx-xx-xxx3" throughout her tenure of service. In addition, there is no evidence in her records which show she requested correction of her SSN during her service.
4. The applicant provided a copy of a signed Social Security card bearing her name and dated 24 September 2012, that lists her SSN as "xxx-xx-xxx2."
5. 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. This regulation establishes standardized policy for the preparation of the DD Form 214. The regulation in effect at the time of the applicant's separation stated the complete name and SSN of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant requests to correct her DD Form 214 to show her SSN as it is listed on her Social Security card, all of the documents in her military service record show she served in the Army using the SSN as listed on her
DD Forms 214.
2. The available evidence does not show she used the SSN listed on her Social Security card at any time while she served on active duty.
3. 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 the applicant desires to now record the requested SSN in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
4. The applicant is advised that a copy of this decisional document will be filed in her Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the SSN recorded in her military records and to satisfy her desire to have her requested SSN documented in her AMHRR.
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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ABCMR Record of Proceedings (cont) AR20130007490
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