IN THE CASE OF:
BOARD DATE: 13 May 2014
DOCKET NUMBER: AR20130016429
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as xxx-xx-x2xx instead of xxx-xx-x3xx.
2. The applicant states one digit in his SSN is incorrect due to a clerical error.
3. The applicant provides a DD Form 214, letter from the Internal Revenue Service (IRS), and partially legible copies of his social security card and his state issued identification card (ID).
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 military records are not available for review. His records were requested from the repository in St. Louis, Missouri, but without success. This case is being considered based on the documents provided by him.
3. His DD Form 214 shows:
* he was inducted into the Army on 15 April 1970
* his SSN is listed as xxx-xx-x3xx
* he was honorably released from active duty on 30 December 1971
4. He provides a letter from the IRS, dated 17 August 1979, that shows the SSN he claims is correct. He also provides partially legible copies of his social security card and his state issued ID card. However, due to the poor quality of the copies, the SSN listed on these documents cannot be verified.
5. Army Regulation 635-5 (Separations Documents), in effect at the time of the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
6. Army Regulation 15-185 (ABCMR), paragraph 2-2c states the ABCMR will decide cases on the evidence of record. It is not an investigative agency. Paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his correct SSN has been carefully considered.
2. His military records are not available for review. Therefore, the SSN he listed upon his induction and subsequent active duty service cannot be verified. Although he provides a letter from the IRS that shows the SSN he claims is correct, this document alone is insufficient evidence to conclude that an error occurred during the preparation of his DD Form 214. As a result, administrative regularity must be presumed in this case.
3. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed. 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 correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records.
4. The applicant is advised that a copy of this decisional document will be filed in his military records. This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military records and to satisfy his desire to have his correct SSN documented in his records.
5. Based on the foregoing, there is no basis to correct his DD Form 214 to show a different SSN.
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) AR20130016429
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ABCMR Record of Proceedings (cont) AR20130016429
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