IN THE CASE OF:	  

		BOARD DATE:  20 February 2014

		DOCKET NUMBER:  AR20130010279 


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-8084."

2.  The applicant states the SSN recorded on his DD Form 214 is incorrect.

3.  The applicant provides copies of his DD Form 214 and original 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 military service records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents provided by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The applicant provided the following documents:

	a.  His social security card that shows he was issued SSN "XXX-XX-8084."

	b.  His DD Form 214 that shows he entered active duty on 29 October 1969 and he was honorably discharged on 31 October 1970.

		(1)  Item 3 (SSN) shows the entry "XXX-XX-8028."

		(2)  Item 18 (Remarks) shows, in part, "DISCHARGE UPGRADED ON 14 DEC 81, FOLLOWING APPLICATION OF 27 NOV 79."

4.  A search of the Record Registry maintained by the National Archives Records Administration failed to produce a record entry under either of the SSNs identified in this case.

5.  A search of the Army Discharge Review Board legacy database revealed the applicant applied for review of his discharge.  It shows the case is registered under his name with SSN "XXX-XX-8028."  It also shows a decision was made by that board on 3 December 1981 and the case was closed on 14 December 1981.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It established standardized policy for preparing and distributing the DD Form 214.

	a.  The purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.

	b.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contained guidance for preparation of the DD Form 214.  It stated that all available records would be used as a basis for preparation of the DD Form 214, including the Enlisted Qualification Record and orders.  For item 3, it stated to transcribe the SSN from the DA Form 2139 (Military Pay Voucher).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the social security card he provides supports his contention that his correct SSN is "XXX-XX-8084."

2.  The applicant's military service records were not available to the Board for review.  However, the available evidence of record shows he served on active duty from 29 October 1969 through 31 October 1970.

3.  The available evidence of record also shows he applied to the Army Discharge Review Board for review of his discharge and he was issued a corrected DD Form 214 in December 1981 under the SSN "XXX-XX-8028."

4.  Considering all the evidence and information presented by the applicant together with the evidence of record, applicable law, and regulations the evidence provided by the applicant relating to his SSN is insufficient to warrant a change to his military service records and separation document.

5.  For historical purposes, the Army has an interest in maintaining the accuracy 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 his current 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.

6.  In view of the foregoing, there is no basis for granting the requested relief.

7.  The applicant is advised that a copy of this decisional document 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 on his DD Form 214 and 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)                                         AR20130010279



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ABCMR Record of Proceedings (cont)                                         AR20130010279



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