IN THE CASE OF:
BOARD DATE: 10 April 2014
DOCKET NUMBER: AR20130014789
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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as "45x-xx-xxxx" instead of "54x-xx-xxxx."
2. The applicant states the first two digits of his SSN were transposed either upon his entry or discharge from the Army.
3. The applicant provides his Social Security card, DD Form 214, Form W-2 (Wage and Tax Statement), and Form 1099-R (Distributions from Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc.).
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. He was inducted into the Army of the United States on 20 August 1970.
3. His record contains the following documents showing his SSN as
"54x-xx-xxxx."
* DD Form 47 (Record of Induction), dated 20 July 1970
* DA Form 20 (Enlisted Qualification Record), reviewed by the applicant on 26 August 1970
4. On 7 February 1972, he was discharged from active duty. He completed
1 year, 4 months, and 18 days of total active service. His DD Form 214 shows his SSN as "54x-xx-xxxx."
5. There is no evidence of record and he did not provide any evidence that shows he used the SSN of "45x-xx-xxxx " at any time during his active duty military service.
6. He provides his Social Security card and tax documents which show his SSN as "45x-xx-xxxx."
7. 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. This regulation establishes standardized policy for preparation of the DD Form 214. The instructions in effect at the time of the applicant's release from active duty stated to verify the accuracy of the Soldier's SSN with the SSN of record.
DISCUSSION AND CONCLUSIONS:
1. When the applicant was inducted into the Army on 20 August 1970 his SSN was recorded as 54x-xx-xxxx on every document contained in his Army Military Human Resource Record (AMHRR). There is no evidence he used the requested SSN at any time during his military service.
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 he now desires to record his correct SSN in his service
records and separation documents, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his AMHRR. This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have his correct SSN documented in his AMHRR.
4. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20130014789
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ABCMR Record of Proceedings (cont) AR20130014789
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