BOARD DATE: 1 July 2014
DOCKET NUMBER: AR20130017503
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-8683 instead of XXX-XX-8687.
2. The applicant states his SSN was incorrectly recorded.
3. The applicant provides copies of his social security card and DD Form 214.
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 search of the National Archives and Records Administration Military Personnel Registry shows no military records available under the applicant's name or the SSN shown on the social security card he provided. The SSN recorded on the subject DD Form 214 is identified as belonging to a Soldier of an entirely different name.
3. The applicant provided a copy of his social security card which shows his SSN as XXX-XX-8683 and a copy of a DD Form 214 which shows his SSN as XXX-XX-8687.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to correct the DD Form 214 he provided to show the SSN as XXX-XX-8683 to match his social security card was carefully considered. However, there are no military records in his name to support his claim.
2. The SSN shown on the DD Form 214 he provided identifies another Soldier's records.
3. Since there are no official military records matching the applicant's name, there is no evidence in which the Board can validate the DD Form 214 he provided. Absent evidence which supports the applicant's service in the military and the proper SSN, there is no basis to grant the relief requested.
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 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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