IN THE CASE OF:
BOARD DATE: 15 April 2014
DOCKET NUMBER: AR20130014430
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 XXX-XX-0216.
2. The applicant states:
* his correct SSN is XXX-XX-0216
* when he was drafted, the Army assigned his father's SSN to him
* his father had the same name and he was serving in the Army at that time too
* he only used his service number and did not know his SSN when he was inducted
3. The applicant provides:
* DD Form 214
* separation orders
* social security benefit statements and tax documents
* Minnesota driver's license
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 was inducted into the Army of the United States on 7 March 1968. His induction orders, dated 7 March 1968, show his SSN as
XXX-XX-8026 followed by the entry "NOT OFFICIALLY VERIFIED."
3. He served as a personnel account specialist in Vietnam and he was released from active duty on 1 March 1970. His DD Form 214 and separation orders show his SSN as XXX-XX-8026.
4. All of his service personnel records show his SSN as XXX-XX-8026.
5. He provided copies of social security benefits statements and tax documents which show his SSN as XXX-XX-0216.
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 XXX-XX-8026 when he was inducted in March 1968 and this SSN was used exclusively during his military service. His DD Form 214 shows this same SSN when he was released from active duty in 1970.
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 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) AR20130014430
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130014430
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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