BOARD DATE: 28 January 2014
DOCKET NUMBER: AR20130009838
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 (Report of Separation from Active Duty) to show his social security number (SSN) as
"XXX-XX-XXX9."
2. The applicant states he needs a new DD Form 214 that shows his correct 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's complete military records are not available to the Board for review. A complete and thorough search for his military records was conducted; however, his records could not be located. This case is being considered based on the documents provided by the applicant.
3. On 9 July 1977, the applicant enlisted in the Florida Army National Guard (FLARNG). His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) is not available for review.
4. On 11 September 1977, he entered active duty for initial entry training.
5. On or about 20 December 1977 upon completion of his initial entry training, he was awarded military occupational specialty 11B (Infantryman) and released from active duty to the control of the FLARNG. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-XXX4."
6. He provides his social security card which shows his SSN as
"XXX-XX-XXX9."
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate, and that it reflects the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show his SSN as "XXX-XX-XXX9" instead of "XXX-XX-XXX4."
2. The evidence of record shows the applicant enlisted in the FLARNG on 9 July 1977; however, the SSN he used during the enlistment process is unknown. Since his records are not available for review, the SSN he used throughout his period of military service is unknown. It is not unreasonable to presume the SSN shown on his DD Form 214 is the same SSN that was used to identify him throughout his period of military service.
3. For historical purposes, the Army has an interest in maintaining the accuracy of its records. In this regard, 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 a different SSN throughout his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
4. Therefore, lacking convincing independent and verifiable evidence that shows the requested SSN was used at least once during his period of active service, it is presumed his military service records, including the DD Form 214, were correct at the time and there is insufficient evidentiary basis for granting the applicant's requested relief in this case.
5. The applicant is advised that a copy of this decisional document that confirms his current SSN will be filed in his Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File). This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military records and satisfy his desire to have his current SSN documented in his 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 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) AR20110002362
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ABCMR Record of Proceedings (cont) AR20130009838
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