IN THE CASE OF:	   

		BOARD DATE:	  17 June 2014

		DOCKET NUMBER:  AR20130018258 


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 (Report of Separation from Active Duty) to show his social security number (SSN) as "XXX-2X-6XXX" instead of "XXX-0X-0XXX."

2.  He states he desires to have his current SSN recorded on his DD Form 214 in order to alleviate any difficulty that his wife may experience in receiving death benefits as a result of having two different SSNs.  He is a 100 percent disabled veteran and wants to ensure that his wife can live with peace of mind in the event of his death.  The problem with his SSN began back when he was 18 years-old and his sister stole his wallet and then threw it down a gutter.  He thought he had memorized his SSN so, he did not bother getting another Social Security Card.  He made a mistake when reciting his SSN at the time he joined the Army.  His father tried to help him straighten out the problem of having funds paid into two different social security accounts and, as a result, the Social Security Administration gave him an entirely new SSN which is XXX-2X-6XXX.

3.  He provides his Social Security Card, DD Form 214, and a self-authored letter.

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 13 March 1974.  The DD Form 4 (Enlistment Contract - Armed Forces of the United States) rendered at the time of his enlistment shows his SSN as XXX-0X-0XXX.  He served continuously until he was honorably discharged on 15 August 1975.

3.  A review of every document contained in his available military personnel and health records, many of which bear his signature, shows his SSN consistently appears as "XXX-0X-0XXX" throughout his tenure of service.

4.  Item 3 (SSN) of the DD Form 214 issued to the applicant at the time of his separation also shows his SSN as "XXX-0X-0XXX" and bears his signature.

5.  He provides a Social Security Card issued by the U.S. Social Security Administration which shows his SSN as "XXX-2X-6XXX."

6.  Army Regulation 635-5 (Separation Documents), in effect at the time of his service, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  This regulation establishes standardized policy for the preparation of the DD Form 214.  It states that the complete name and social security number of the separating service member will be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his military records should be corrected to show his SSN as "XXX-2X-6XXX" was carefully considered.

2.  The evidence of record shows his SSN consistently appeared as
"XXX-0X-0XXX" on every document in his available service personnel and health records throughout his period of military service.  He authenticated his DD Form 214 and several of these documents requiring his signature by placing his signature in the appropriate blocks.
3.  Based on his Social Security Card, his SSN is currently "XXX-2X-6XXX"; however, it is not the SSN he used when he served on active duty, and this does not change the conditions and circumstances that existed at the time his service records were created.

4.  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 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.  

5.  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.

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)                                         AR20130018258





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ABCMR Record of Proceedings (cont)                                         AR20130018258



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