IN THE CASE OF:
BOARD DATE: 15 May 2014
DOCKET NUMBER: AR20130017590
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 her DD Form 214 (Report of Separation from Active Duty) to show her social security number (SSN) as 256-XX-XXXX.
2. She states her DD Form 214 incorrectly shows her SSN as 255-XX-XXXX.
3. She provides copies of her 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 1 April 1974.
3. The applicant's military records contain various documents, such as her DD Form 4 (Enlistment Contract Armed Forces of the United States) and DA Form 2-1 (Personnel Qualification Record Part II), which list her SSN as 255-XX-XXXX (the contested SSN). She authenticated these forms by placing her signature in the appropriate block.
4. She was honorably discharged on 1 April 1977. Item 3 (SSN) of her DD Form 214 shows her SSN as 255-XX-XXXX. She authenticated this form with her signature.
5. She provided her social security card showing her SSN as 256-XX-XXXX.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214 and stated 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 applicant's request for correction of the SSN shown on her DD Form 214 was carefully considered.
2. The evidence of record shows the applicant entered active military service using the SSN 255-XX-XXXX and she signed official documents throughout her period of military service which listed her SSN as 255-XX-XXXX, which she now claims is incorrect.
3. 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 her current SSN in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
4. The applicant is advised that a copy of this decisional document which shows the SSN she currently uses will be filed in her military records. This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in her military records and to satisfy her desire to have her current SSN documented in her military records.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL SHEARING
____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.
ABCMR Record of Proceedings (cont) AR20130017590
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ABCMR Record of Proceedings (cont) AR20130017590
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