IN THE CASE OF:
BOARD DATE: 11 March 2014
DOCKET NUMBER: AR20130012555
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 (Armed Forces of the United States Report of Transfer or Discharge) to show the eighth digit of his social security number (SSN) as a 3 instead of an 8.
2. The applicant states his DD Form 214 incorrectly lists his SSN as
XXX-XX-XX8X instead of XXX-XX-XX3X.
3. The applicant provides a copy of his:
* DD Form 214
* California Driver's License
* social security number (SSN) card
* Department of Veterans Affairs (VA) card
* Social Security Administration SSN Printout, envelope, and Benefits Notification
* Medicare Health Insurance card
* Certificate of Live Birth
* Postmarked envelope addressed to this Board
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 applicants 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 applicants 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 record contains a DD Form 398 (Statement of Personal History) which he completed during his induction processing. Item 13 (Employment) contains a block for his SSN which he completed by entering XXX-XX-XX8X, which he now claims is incorrect.
3. On 16 March 1966, he was inducted into the Army of the United States. The DA Form 20 (Enlisted Qualification Record) prepared upon his entry on active duty lists the SSN he claims is incorrect.
4. All of the documents contained in the applicants Army Military Human Resource Record (AMHRR) (previously known as the official military personnel file) lists SSN XXX-XX-XX8X, which he now claims is incorrect.
5. On 15 March 1968, the applicant was honorably released from active duty after completing 2 years of total active service. Item 3 (SSN) of his DD Form 214 lists the SSN that he claims is incorrect.
6. The applicant provides a copy of his social security card, a letter from the Social Security Administration, and a Medicare Health Insurance card which list the SSN he now claims is correct (XXX-XX-XX3X).
DISCUSSION AND CONCLUSIONS:
1. The applicant's military record includes a DD Form 398 and DA Form 20 which show the SSN he disclosed upon induction is the same SSN that he now claims is incorrect. His record clearly lists this SSN on all applicable documents maintained throughout his military service. He authenticated these documents with his signature when required.
2. 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 that the applicant desires the his military records to now record his current SSN as shown on the evidence he provides, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. 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 relief in this case.
4. The applicant is advised that a copy of this decisional document will be filed in his military record. This should serve to clarify any questions or confusion in regard to the different SSNs and to satisfy his desire to have his current SSN documented in his record.
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) AR20130012555
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130012555
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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