BOARD DATE: 3 April 2014
DOCKET NUMBER: AR20130014198
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 the social security number (SSN) listed in his Army military personnel record and item 3 (SSN) of his DD Form 214 (Report of Separation from Active Duty).
2. The applicant states his record and DD Form 214 incorrectly list his SSN as "008-XX-XXXX" and it should be listed as "372-XX-XXXX." He needs his record and DD Form 214 corrected.
3. The applicant provides a copy of a letter from the Social Security Administration.
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 Michigan Army National Guard (MIARNG) on 22 October 1975 and was discharged on 23 November 1975. Item 2 of his National Guard Bureau Form 22 (Report of Separation and Record of Service) lists his SSN as "008-XX-XXXX."
3. He enlisted in the Regular Army (RA) on 24 November 1975. His Army military personnel record contains the following:
* DD Form 1966 (Application for Enlistment - Armed Forces of the United States), dated 20 November 1975, which lists his SSN as "008-XX-XXXX"
* DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), dated 20 November 1975, which lists his SSN as "008-XX-XXXX"
* DD Form 93 (Record of Emergency Data), dated 24 November 1975, which lists his SSN as "008-XX-XXXX"
* DA Form 2-1 (Personnel Qualification Record Part II), prepared on 28 November 1975, which lists his SSN as "008-XX-XXXX"
4. He was discharged on 23 January 1976. Item 3 of his DD Form 214 lists his SSN as "008-XX-XXXX."
5. His record is void of any evidence showing he attempted to correct his SSN during his period of service in the ARNG and RA.
6. He provided a copy of letter from the Social Security Administration, dated 26 June 2013, which advised him that in 1983 he applied for social security benefits using the SSN "008-XX-XXXX." That was not his SSN and he mistakenly used this number from 1975 through 1983 and "376-XX-XXXX" was his SSN.
7. 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 of the DD Form 214 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 MIARNG and RA with the SSN "008-XX-XXXX." There is no evidence of record and he did not provide sufficient evidence to show the SSN listed on his DD Form 214 was not the SSN he claimed at that time. 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.
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 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 in his record and 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.
3. 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 Army.
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) AR20130014198
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ABCMR Record of Proceedings (cont) AR20130014198
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