IN THE CASE OF:
BOARD DATE: 8 April 2014
DOCKET NUMBER: AR20130014191
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 his social security number (SSN) as "2XX-8X-7XXX."
2. The applicant states the SSN he enlisted with ("5XX-6X-1XXX") was changed and corrected to "2XX-8X-7XXX" during his first 6 months of active duty.
3. The applicant provides:
* Social security card
* Florida driver license
* 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 on 6 December 1966 for a period of 2 years. He trained as a field artillery radio operator.
3. His service personnel records mostly contain a service number, but the following documents show his SSN as "5XX-6X-1XXX:"
* DA Form 20 (Enlisted Qualification Record), dated 13 July 1967
* DD Form 398 (Statement of Personal History), dated 9 September 1968
* DA Form 41 (Record of Emergency Data), dated 10 September 1969
4. On 17 September 1969, he was released from active duty (REFRAD). His DD Form 214 and separation orders show his SSN as "5XX-6X-1XXX."
5. He provided a copy of his social security card which shows his SSN as
"2XX-8X-7XXX."
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the SSN shown on his DD Form 214 is incorrect.
2. The evidence of record shows he recorded his SSN as "5XX-6X-1XXX" on his DA Form 20, DD Form 398, and DA Form 41 and this SSN was used exclusively during his military service. His DD Form 214 shows this same SSN when he was REFRAD in 1969.
3. 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.
4. The applicant is advised that a copy of this decisional document will be filed in his military records. This should serve to clarify any questions or confusion regarding the SSN recorded in his military records and to satisfy his desire to have his current SSN documented.
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) AR20130014191
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ABCMR Record of Proceedings (cont) AR20130014191
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