IN THE CASE OF:
BOARD DATE: 20 May 2014
DOCKET NUMBER: AR20130016734
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 that his DD Form 214 (Report of Separation from Active Duty) be corrected to reflect his correct Social Security Number (SSN).
2. The applicant states, in effect, that his correct SSN is reflected on his Social Security Card.
3. The applicant provides copies of his DD Form 214 and Social Security 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. The applicant enlisted in the Regular Army on 31 March 1971 for a period of
2 years. He extended his enlistment for 1 year on 5 April 1971. At the time of his enlistment he provided the SSN that is contained on his DD Form 214.
3. He completed basic training at Fort Dix, New Jersey and advanced individual training as an equipment storage specialist at Fort Lee, Virginia before being transferred to Vietnam on 23 August 1971.
4. He departed Vietnam on 29 March 1972 for assignment to Fort Carson, Colorado where he remained until he was discharged for unfitness on 24 May 1973. He had served 2 years and 14 days of active service and had 40 days of lost time due to being absent without leave. His DD Form 214 reflects the SSN he enlisted and served under.
5. A review of his official records failed to show that he ever served under the SSN that is listed on his Social Security Card.
6. On 8 August 1988, he enlisted in the Pennsylvania Army National Guard under the same SSN that is reflected on his DD Form 214 and served under that SSN until he was discharged for misconduct on 15 May 1991.
7. Army Regulation 635-8 (Separation Processing and Documents) serves as the authority for preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. A review of the applicant's official records shows he served his entire period of active service under the SSN recorded on his DD Form 214.
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. While it is understandable the applicant desires to now change his SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. Accordingly, there is no basis for granting the applicant's requested relief.
3. 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 regarding the difference in the SSN recorded in his military records and to satisfy his desire to have the SSN shown on his Social Security Card documented in his records.
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) AR20130016734
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