BOARD DATE:	  15 May 2014

		DOCKET NUMBER:  AR20130015883 


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 (Report of Separation from Active Duty) to show his social security number (SSN) as "xxx-xx-5074" instead of "xxx-xx-5704." 

2.  The applicant states his DD Form 214 contains an incorrect SSN. 

3.  The applicant provides his DD Form 214 and a Report of Confidential Social Security Benefit Information. 

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 records show he enlisted in the Regular Army on 3 October 1975.  His DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) and all allied documents listed his SSN as "xxx-xx-5704."  He authenticated each form and allied document with his signature. 

3.  His DA Forms 2A (Personnel Qualification Record - Part I) and DA Form 2-1 (Personnel Qualification Record - Part II) which were created upon his enlistment listed his SSN as "xxx-xx-5704."  He reviewed his DA Form 2-1 at a later date and placed his signature in the appropriate block.

4.  His official records contain various documents, including the following documents, that list an SSN the same as the one listed on his DD Form 4.  He authenticated some of these documents when it was appropriate by placing his signature in the appropriate block:

* Armed Forces Fingerprints Card
* Application for Identification Card
* National Agency Check Request
* Servicemen's Group Life Insurance Election 
* Record of Emergency Data
* Complete separation packet
* Discharge orders

5.  He was discharged on 10 March 1976.  Item 3 (SSN) of his DD Form 214 shows his SSN as "xxx-xx-5704."  He authenticated this form with his signature.

6.  He provides a Form SSA-3458, issued by the Social Security Administration on 22 August 2013, indicating an individual with his name has the SSN 
"xxx-xx-5074." 

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.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that upon his enlistment in the Regular Army and entry on active duty, the applicant listed his SSN as "xxx-xx-5704."  He consistently used this SSN throughout his active military service.  He authenticated several documents by placing his signature in the appropriate blocks indicating this was his correct SSN.  He did not use the requested SSN during his active 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.

3.  While it is understandable the applicant desires to now record a different SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.  Therefore, absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, were correct at the time and there is insufficient evidence to grant him relief in this case.

4.  The applicant is advised that a copy of this decisional document which confirms his current SSN will be filed in his record.  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 current SSN documented in his record.

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)                                         AR20130015883



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ABCMR Record of Proceedings (cont)                                         AR20130015883



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