IN THE CASE OF:
BOARD DATE: 11 February 2014
DOCKET NUMBER: AR20130010493
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 Item 3 (social security number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending on 30 December 1971.
2. The applicant states his 1971 DD Form 214 incorrectly lists his SSN as "637-XX-XXXX" and it should be listed as "467-XX-XXXX." This is a clerical error. He is providing a copy of his DD Form 214 (Report of Separation from Active Duty), ending on 15 July 1977, from the U.S. Marine Corps (USMC) which lists his correct SSN.
3. The applicant provides a copy of his 1977 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 (RA) on 2 June 1969. His Army military personnel record contains the following:
* A DD Form 398, dated 24 December 1968, which lists his SSN as
"637-XX-XXXX"
* A DD Form 4, dated 2 June 1969, which lists his SSN as "637-XX-XXXX"
* A DA Form 41 (Record of Emergency Data), dated 16 November 1971, which lists his SSN as "637-XX-XXXX"
* A DA Form 20 (Enlisted Qualification Record), audited on 16 November 1971, which lists his SSN as "637-XX-XXXX"
* A DD Form 13 (Statement of Service), dated 12 February 1973, which lists his SSN as "637-XX-XXXX"
3. He was released from active duty on 30 December 1971 and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). Item 3 of his DD Form 214 lists his SSN as "637-XX-XXXX."
4. He was discharged from the USAR on 17 December 1972. His orders list his SSN as "637-XX-XXXX."
5. He provided a copy of his 1977 DD Form 214 from the USMC which lists his SSN as "467-XX-XXXX."
6. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated item 3 would list the SSN verified in the Soldier's records.
DISCUSSION AND CONCLUSIONS:
1. Documents contained in the applicant's Army military personnel record show he served in the RA and USAR with the SSN "637-XX-XXXX." It appears he started using the SSN "467-XX-XXXX" after his separations in 1971 and 1972.
2. Absent convincing independent and verifiable evidence to the contrary, it is presumed that his DD Form 214 was correct at the time it was prepared. Therefore, there is an insufficient evidentiary basis to grant him relief.
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 showing a 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 his current SSN on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
4. A copy of this decisional document will be filed in his records to clarify the difference between his current SSN and the SSN used while he was in the RA and USAR.
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) AR20130010493
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ABCMR Record of Proceedings (cont) AR20130010493
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