IN THE CASE OF:
BOARD DATE: 14 May 2014
DOCKET NUMBER: AR20130015943
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 he would like the U.S. Army to correct his SSN on his
DD Form 214 from "XX5-9X-1XXX" to "XX1-3X-2XXX." He wants his DD Form 214 to reflect his correct SSN.
3. The applicant provides copies of his DD Form 214 and a Department of Veterans Affairs (VA) Form 26-8320 (Certificate of Eligibility).
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 Regular Army (RA) on 7 July 1977. His military record contains the following:
* DD Form 4 (Enlistment/Reenlistment Agreement - Armed Forces of the United States), dated 7 July 1977, which lists his SSN as "XX5-9X-1XXX"
* DA Form 2-1 (Personnel Qualification Record Part II), prepared on 7 November 1977, which lists his SSN as "XX5-9X-1XXX"
3. He reenlisted in the RA on 14 January 1980. His military record also contains the following:
* DD Form 4/1, dated 14 January 1980, which lists his SSN as "XX5-9X-1XXX"
* DD Form 93 (Record of Emergency Data), dated 17 June 1982, which lists his SSN as "XX5-9X-1XXX"
* DA Form 873 (Certificate of Clearance and/or Security Determination), dated 17 August 1982, which lists his SSN as "XX5-9X-1XXX"
4. He was released from active duty on 18 January 1983 and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). Item 3 of his
DD Form 214 lists his SSN as "XX5-9X-1XXX."
5. His military record is void of any evidence showing he attempted to correct his SSN during his period of active duty.
6. His record further contains Orders Number D-06-025023, dated 30 June 1983, discharging him from the USAR on 6 July 1983. The orders list his SSN as "XX5-9X-1XXX."
7. He provided a copy of a VA Form 26-8320, dated 18 April 2000, which lists his service number as "XX5-9X-1XXX" and his SSN as "XX1-3X-2XXX."
8. 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 personnel 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 RA and USAR with the SSN "XX5-9X-1XXX." It appears he began using the SSN "XX1-3X-2XXX after his separation in 1983. 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 the time. Absent convincing independent and verifiable evidence to the contrary, it is presumed that his
DD Form 214 and USAR discharge orders were correct at the time they were prepared. Therefore, there is an insufficient evidentiary basis to grant him relief.
2. For historical purpose, 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 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.
3. A copy of this decisional document will be filed in his records to clarify the difference between his current SSN and the SSN used during his periods of service in the RA and USAR.
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.
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