IN THE CASE OF:
BOARD DATE: 1 May 2014
DOCKET NUMBER: AR20130015088
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 (Certificate of Release or Discharge from Active Duty).
2. The applicant states his DD Form 214 incorrectly lists his SSN as "27X-XX-XXXX" and it should be listed as "24X-XX-XXXX." An administrative error occurred at the time of his separation.
3. The applicant provides copies of his DD Form 214, social security card, and a Social Security Administration SSN Printout.
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 U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 25 June 1985. He was discharged from the DEP on 21 October 1985 and enlisted in the Regular Army on 22 October 1985. His military record contains the following:
* DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 25 June 1985, which lists his SSN as "27X-XX-XXXX"
* DA Form 2-1 (Personnel Qualification Record Part II), prepared on
23 October 1985 and reviewed on 29 December 1988, which lists his SSN as "27X-XX-XXXX"
* DD Form 93 (Record of Emergency Data), dated 1 June 1989, which lists his SSN as "27X-XX-XXXX"
* Orders Number D-06-350999, dated 22 June 1993, discharging him from the USAR on 22 June 1993 and his SSN is listed as "27X-XX-XXXX"
3. He was released from active duty on 24 October 1988 and was transferred to a Reserve unit. Item 3 of his DD Form 214 lists his SSN as "27X-XX-XXXX."
4. His record is void of any evidence showing he attempted to correct his SSN during his period of active duty.
5. He provided copies of his social security card and a Social Security Administration SSN Printout, dated 15 August 2013, which lists his SSN as "24X-XX-XXXX."
6. 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 would list the SSN verified in the Soldier's records.
DISCUSSION AND CONCLUSIONS:
1. Documents contained in the applicant's military record show he served in the DEP, RA, and USAR with the SSN "27X-XX-XXXX." It appears he began using the SSN "24X-XX-XXXX" after his separations in 1988 and 1993. 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.
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. 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.
3. Therefore, there is an insufficient evidentiary basis to grant him 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) AR20130015088
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ABCMR Record of Proceedings (cont) AR20130015088
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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