IN THE CASE OF:
BOARD DATE: 8 May 2014
DOCKET NUMBER: AR20130017605
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 record to show the second digit of his social security number (SSN) as a 2 instead of a 3.
2. The applicant states his DD Form 256A (Honorable Discharge Certificate) incorrectly lists his SSN as X3X-XX-XXXX instead of X2X-XX-XXXX.
3. The applicant provides a copy of his social security card with his application.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military record contains a DD Form 398 (Statement of Personal History) which was completed during his enlistment processing. Item 13 (Employment), which contains a block for his SSN, contains the entry X3X-XX-XXXX.
3. On 19 October 1973, he enlisted in the Regular Army (RA). The DA Form 20 (Enlisted Qualification Record) prepared upon his entry on active duty lists the SSN he claims is incorrect.
4. All of the documents contained in the applicants Army Military Human Resource Record (AMHRR) lists SSN "X3X-XX-XXXX" which he now claims is incorrect. There are no documents that list his SSN as X2X-XX-XXXX, which he claims is correct.
5. On 10 April 1974, the applicant was honorably discharged after completing
5 months and 22 days of total active service. Item 3 (SSN) of his DD Form 214 lists the SSN that he claims is incorrect.
6. The applicant provides a copy of his social security card, issued on 17 May 2011, which lists the SSN that he now claims is correct.
DISCUSSION AND CONCLUSIONS:
1. The applicant's military record includes a DD Form 398 and DA Form 20 which show the SSN he disclosed upon enlistment is the same SSN that he now claims is incorrect. His record clearly lists this SSN on all applicable documents maintained throughout his military service. He authenticated these documents with his signature when required.
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 that the applicant desires his military records to now record his current SSN as shown on the evidence he provides, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. Absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, were correct at the time and there is insufficient evidence to grant relief in this case. (His DD Form 256A is not available in his records and he did not provide a copy of it.)
4. The applicant is advised that a copy of this decisional document will be filed in his military record. This should serve to clarify any questions or confusion in regard to the different SSNs and to satisfy his desire to have his current SSN documented in his record.
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) AR20130017605
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ABCMR Record of Proceedings (cont) AR20130017605
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