IN THE CASE OF:
BOARD DATE: 3 April 2014
DOCKET NUMBER: AR20130014281
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 her DD Form 214 (Report of Separation from Active Duty) to show her Social Security Number (SSN) as indicated on her Social Security card.
2. The applicant states, in effect, that the correct SSN is shown on her Social Security card.
3. The applicant provides copies of:
* DD Form 214
* 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 DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 13 August 1973, shows she enlisted in the Regular Army using the SSN that is currently listed on her DD Form 214. The following documents in her military records show this same SSN:
* DD Form 398 (Statement of Personal History)
* DA Form 2-1 (Personnel Qualification Record - Part II)
* DD Form 214 ending on 4 August 1976
3. She provides a copy of her Social Security card which lists a SSN she now claims is correct. This SSN is different than one listed in her military records.
4. Army Regulation 635-5 (Separation Documents) as then in effect, required the SSN to be entered in Item 3 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her DD Form 214 should be corrected to show her SSN as indicated on her Social Security card.
2. The evidence of record clearly shows that the applicant enlisted in the Regular Army using the SSN indicated on her enlistment contract. This SSN is shown on other documents in her military records and was used on her DD Form 214 at the time of her separation from active duty. There is no evidence of record showing she ever used the SSN she now claims to be correct.
3. 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.
4. The applicant is advised that a copy of this decisional document, along with her application will be filed in her military records. This should serve to clarify any questions or confusion in regard to the difference in her current SSN and the one recorded in her military record, and to satisfy her desire to have her current SSN documented in her record.
5. In view of the above, the applicants request should be denied.
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) AR20130014281
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ABCMR Record of Proceedings (cont) AR20130014281
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