IN THE CASE OF:
BOARD DATE: 30 January 2014
DOCKET NUMBER: AR20130009766
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as "xxx-x1-xxxx" instead of "xxx-x7-xxxx."
2. The applicant states, in effect, his SSN is incorrect on his DD Form 214.
3. The applicant provides:
* social security card
* California driver's license
* Department of Veterans Affairs (VA) Veterans Benefits Administration printout
* 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. On 14 October 1987, the applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) for an 8-year period. On 1 December 1987, he was honorably discharged and on 2 December 1987, he enlisted in the Regular Army for 3 years. He reenlisted on 18 October 1990. The DD Forms 4 (Enlistment/Reenlistment Document-Armed Forces of the United States) which were prepared on the applicant during his initial enlistment processing and reenlistment show his SSN as "xxx-x7-xxxx." He authenticated the forms by placing his signature in the appropriate block.
3. His DA Form 2-1 (Personnel Qualification Record) which was created upon his entry on active duty shows his SSN as "xxx-x7-xxxx." He authenticated this form by placing his signature in the appropriate block.
4. Nothing in his records shows he used the requested SSN during his military service.
5. On 18 November 1991, he was discharged with a general under honorable conditions discharge. Item 3 (SSN) of his DD Form 214 shows his SSN is listed as "xxx-x7-xxxx." He authenticated this form by placing his signature in the appropriate block.
6. The applicant provides a copy of his social security card which shows his SSN as "xxx-x1-xxxx." He also provides a copy of his driver's license that does not list an SSN and a VA printout that shows his SSN as "xxx-x7-xxxx."
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show his SSN as "xxx-x1-xxxx" instead of "xxx-x7-xxxx" was carefully considered.
2. There is nothing in his records to show he used the requested SSN and he has not provided evidence showing he used the requested SSN while 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 a different SSN; however, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
4. Therefore, absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, were correct at the time and there is insufficient evidence to grant him relief in this case.
5. However, a copy of this decisional document will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military records and the SSN shown on his social security card.
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) AR20130009766
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ABCMR Record of Proceedings (cont) AR20130009766
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