IN THE CASE OF:	  

		BOARD DATE:	  2 July 2014

		DOCKET NUMBER:  AR20130018073 


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 his social security number (SSN) as "XXX-XX-5151" instead of "XXX-XX-5113."

2.  The applicant states the new Social Security card he was issued shows the correct last four digits of his SSN.

3.  The applicant provides a copy of his social security card and DD Form 214 (Report of Separation from Active Duty).

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's DD Form 398 (Statement of Personal History), prepared by him on 1 November 1973, shows he entered "XXX-XX-5113" in the SSN block.
3.  The applicant's DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows he enlisted in the Regular Army on 1 November 1973 for a period of 2 years.  It also shows the entry "XXX-XX-5113" in item 1 (SSN) and that the applicant placed his signature on the document.

4.  Documents in the applicant's military personnel record consistently show his SSN was recorded as "XXX-XX-5113" throughout his period of service.

5.  The applicant's DD Form 214 shows he was discharged under conditions other than honorable and issued an undesirable discharge certificate on 
16 September 1975.  It shows the entry "XXX-XX-5113" in item 3 (SSN).

6.  A DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States), dated 2 June 1981, shows the applicant submitted a request for upgrade of his discharge to the Army Discharge Review Board.  Item 2 (SSN) shows he entered "XXX-XX-5113."  

7.  In support of his application the applicant provides a copy of a social security card, that was issued on 13 April 2009, showing his SSN as "XXX-XX-5151."

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It established standardized policy for preparing and distributing the DD Form 214.

	a.  The purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.

	b.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contained guidance for preparation of the DD Form 214.  It stated that all available records would be used as a basis for preparation of the DD Form 214, including the Enlisted Qualification Record and orders.  For item 3, it stated to transcribe the SSN from the DA Form 2139 (Military Pay Voucher).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the social security card he provides supports his contention that his correct SSN is "XXX-XX-5151."

2.  Records show that upon entry into the U.S. Armed Forces on 1 November 1973 the applicant reported his SSN as "XXX-XX-5113."
3.  The evidence of record shows the SSN the applicant reported as his SSN was consistently recorded in his military service records and on his DD Form 214.  In addition, in June 1981, he applied to the Army Discharge Review Board for review of his discharge and he affirmed that his SSN was "XXX-XX-5113."

4.  Considering all the evidence and information presented by the applicant together with the evidence of record, applicable law, and regulations, it is concluded that the evidence provided by the applicant relating to his SSN is insufficient to warrant changing his military records and separation document.

5.  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.

6.  The applicant is advised that a copy of this decisional document, will be filed in his Official Military Personnel File (OMPF).  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 OMPF.

7.  In view of the foregoing, there is no basis for granting the requested relief.

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)                                         AR20130018073



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ABCMR Record of Proceedings (cont)                                         AR20130018073



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