BOARD DATE: 10 June 2014
DOCKET NUMBER: AR20130016669
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-5XXX.
2. The applicant states the SSN is incorrect.
3. The applicant provides:
* DD Form 214
* Social Security Administration Social Security Number Printout
* Patient Inquiry Printout
* Department of Veterans Affairs (VA) identification card
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. On 1 November 1972, the applicant enlisted in the Regular Army.
3. On 25 October 1972, he completed a DD Form 398 (Statement of Personal History) in connection with his enlistment. In item 13 (Employment), he entered his SSN as XXX-XX-7XXX.
4. His DD Form 4 (Enlistment Contract Armed Forces of the United States) and all other documents throughout his military record shows his SSN as
XXX-XX-7XXX.
5. On 27 February 1974, he was discharged. Item 3 (SSN) of the DD Form 214 he was issued at the time shows his SSN as XXX-XX-7XXX.
6. The Social Security Administration Social Security Number Printout, Patient Inquiry Printout, and VA Identification Card he provides show his SSN as
XXX-XX-5XXX.
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. It establishes standardized policy for the preparation of the DD Form 214 and 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 release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The Social Security Administration Printout, Patient Inquiry Printout, and VA identification card he provides show his SSN as XXX-XX-5XXXX. However, the SSN he used throughout his military service was XXX-XX-7XXX. He entered, served, and was separated from active duty under the SSN currently shown on his DD Form 214.
2. For historical purposes, the Army has an interest in maintaining the accuracy 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. There is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to have his military records changed to reflect the SSN he provided, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and the SSN he now uses.
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) AR20130016669
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