IN THE CASE OF:	  

		BOARD DATE:	  15 May 2014

		DOCKET NUMBER:  AR20130017489 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his Social Security Number (SSN) as “xxx-xx-6xxx." 

2.  The applicant makes no additional statements.

3.  The applicant provides:

* SSN card
* State of Louisiana Personal Driver’s License
* Social Security Administration Supplemental Security Income Statement

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 2 February 1982.  

3. The applicant’s Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File, contains various documents such as a DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States), DA Form 664 (Service Member’s Statement Concerning Application for Compensation from the Veterans Administration), and VA Form 29-8268 (Servicemen’s Group Life Insurance Election) which show his SSN as “xxx-xx-8xxx.”  There are no documents in his AMHRR which show his SSN as "xxx-xx-6xxx."
 
4.  On 4 November 1983, the applicant was discharged under other than honorable conditions.  Item 3 (SSN) of the applicant's DD Form 214 contains the entry “xxx-xx-8xxx.”  He authenticated the form by placing his signature in item 21 (Signature of Member Being Separated) of his DD Form 214.

5.  The applicant provides a copy of his SSN card and statement from the Social Security Administration which shows his SSN as “xxx-xx-6xxx.”

6.  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.  This regulation establishes standardized policy for the preparation of the DD Form 214.  It states that the complete name and SSN of the separating service member would be entered on the DD Form 214.   

DISCUSSION AND CONCLUSIONS:

1. The applicant’s contention that his DD Form 214 should be corrected to show his SSN as “xxx-xx-6xxx” was carefully considered.

2.  The evidence of record shows his SSN appeared as “xxx-xx-8xxx” on all documents in his AMHRR during his period of military service.  He authenticated his DD Form 214 by placing his signature in the appropriate block.

3.  The fact that the applicant's SSN may be “xxx-xx-6xxx is not in question; however, it is not the SSN he used when he served on active duty, and this does not change the conditions and circumstances that existed at the time his service records were created.



4.  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.  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 Army’s records at this late date.  

5.  The applicant is advised that a copy of this decisional document will be filed in his AMHRR.  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 correct SSN documented in his AMHRR.

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)                                         AR20130017489



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ABCMR Record of Proceedings (cont)                                         AR20130017489



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