IN THE CASE OF: HILLS, CHARLES W. JR.
BOARD DATE: 15 July 2014
DOCKET NUMBER: AR20130017679
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-3948.
2. The applicant states he had social security errors and he needs his DD Form 214 amended to show his new SSN. He needs his veterans' health benefits.
3. The applicant provides a copy of a Social Security Administration Report of Confidential Social Security Benefit Information and his 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 applicant enlisted in the Regular Army on 2 August 1966. All documents completed during his military service show his SSN as XXX-XX-2446.
3. His DD Form 214 shows he was honorably released from active duty on 14 June 1969. This form shows his SSN as XXX-XX-2446.
4. The applicant provided a copy of a Social Security Administration Report of Confidential Social Security Benefit Information, dated 23 September 2013, which states SSN XXX-XX-3948 was issued to him in November 1963 and this is the only SSN issued to him by that agency.
DISCUSSION AND CONCLUSIONS:
1. Records show the applicant reported his SSN as XXX-XX-2446 upon his entry in the U.S. Armed Forces. Although he provided a copy of a Social Security Administration Report of Confidential Social Security Benefit Information which shows his SSN as XXX-XX-3948, the evidence of record clearly shows the SSN XXX-XX-2446 was used consistently throughout his entire period of military service and this SSN was entered on his DD Form 214.
2. Considering the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the evidence provided by the applicant relating to his SSN is insufficient to warrant a change to his military service records and DD Form 214.
3. 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 record his current 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.
4. 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 his current SSN 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 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) AR20130017679
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ABCMR Record of Proceedings (cont) AR20130017679
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