IN THE CASE OF:
BOARD DATE: 16 January 2014
DOCKET NUMBER: AR20130008925
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 (Certificate of Release or Discharge from Active Duty) to show his Social Security Number (SSN) as "XXX-XX-X95X" vice "XXX-XX-X59X."
2. The applicant states his SSN was "XXX-XX-X59X" while he was serving in the military. However, he met another serviceman with the same name, birth date, and SSN. He submitted the necessary paperwork to change his SSN while he was in the Army. His SSN was changed to "XXX-XX-X95X." He would like the new SSN listed on his DD Form 214 to prevent him from having any further issues related to this discrepancy.
3. The applicant provides a copy of the front of a Social Security card, a National Archives and Records Administration (NA) Form 13038 (Certification of Military Service), and his DD Form 214.
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 2 February 1979 and he held military occupational specialty 11B (Infantryman).
3. All of the documents in his military record containing an SSN show his SSN as "XXX-XX-X59X."
4. On 13 July 1982, he verified his DA Form 2-1 (Personnel Qualification Record) with his signature and thereby indicated he had reviewed all of the data contained on this form to include his SSN listed as "XXX-XX-X59X."
5. His records do not contain any evidence to show he changed or attempted to change his SSN during the period of his military service.
6. On 3 January 1983, he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 10, for the good of the service in lieu of trial by court-martial and furnished an under other than honorable conditions discharge. His DD Form 214 shows his SSN as "XXX-XX-X59X."
7. Copy 3 (Veterans Administration) of his DD Form 214 has an attached note, dated 15 August 1986, stapled to the front of this DD Form 214. The note indicates the SSN listed on this form belongs to another individual; however, it does not list what the applicants correct SSN should be listed as.
8. The applicant provided a copy of the front of a Social Security card that contains the same name as his and the SSN "XXX-XX-X95X."
9. 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. It establishes standardized policy for the preparation of the DD Form 214. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence of record showing the applicant ever used the SSN "XXX-XX-X95X" during the period of his military service.
2. The only evidence showing he had an incorrect SSN appeared after the period of his military service had ended and did not list his proper SSN.
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
4. 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 understood that the applicant desires to now record his requested SSN in his military records 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) AR20130008925
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ABCMR Record of Proceedings (cont) AR20130008925
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