BOARD DATE:	  22 April 2014

		DOCKET NUMBER:  AR20130014896 


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 item 3 (Social Security Number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his SSN as "4XX-8X-7XXX."  He also requests reconsideration of an earlier request to correct his date of birth (DOB). 

2.  The applicant states:

* His DOB and SSN are incorrect on his DD Form 214
* His DOB is 14 June XXXX not 15 June XXXX
* His SSN is "4XX-8X-7XXX" not "4XX-7X-8XXX"

3.  The applicant provides:

* Certificate of Baptism
* Social security card
* 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 requests reconsideration of his earlier request to correct his DOB.  This issue was previously considered by the ABCMR on 31 July 2012 in Docket Number AR20120002455 and denied.  Army Regulation 15-185 (Army Board for Correction of Military Records) sets forth procedures for processing requests for correction of military records.  Paragraph 2-15b governs requests for reconsideration.  This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within 1 year of the ABCMR's original decision and has not previously been reconsidered.  The ABCMR staff reviewed the applicant's request and determined his request pertaining to correction of his DOB was not received within 1 year of the ABCMR's original decision.  As a result, his request pertaining to this issue does not meet the criteria for reconsideration.  Therefore, this portion of the applicant's request will not be discussed further in this Record of Proceedings.

3.  The applicant was inducted into the Army of the United States on 18 January 1966.  

4.  His DA Form 3027 (U.S. Army Request for National Agency Check), dated 
19 January 1966, shows his SSN as "4XX-7X-8XXX."

5.  On 19 January 1968, he was honorably released from active duty (REFRAD).

6.  Item 3 of his DD Form 214 shows his SSN as "4XX-7X-8XXX."

7.  He provides a copy of his social security card which shows his SSN as
"4XX-8X-7XXX."

8.  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.  It 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 REFRAD, 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 "4XX-7X-8XXX" when he was inducted in 1966 and this SSN was used exclusively during his military service.  His DD Form 214 shows this SSN when he was REFRAD in 1968.

3.  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 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 Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File).  This should serve to clarify any questions or confusion regarding the SSN recorded in his AMHRR and to satisfy his desire to have his current SSN documented.

5.  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)                                         AR20130014896





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ABCMR Record of Proceedings (cont)                                         AR20130014896



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