IN THE CASE OF:
BOARD DATE: 24 June 2014
DOCKET NUMBER: AR20130018736
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 Forms 214 (Report of Separation from Active Duty) for the periods ending 29 April 1974 and 5 March 1976 to show his social security number (SSN) as 1XX-4X-2XXX (an SSN that is completely different than the SSN currently shown on his military records).
2. The applicant states an incorrect SSN was used upon his enlistment [in the Army]. He needs a copy of the corrected DD Form 214 for both the U.S. Army and the U.S. Marine Corps (USMC) as soon as possible.
3. The applicant provides two DD Forms 214, Texas Identification (ID) Card, Social Security Administration statement, 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 (RA) on 6 December 1972. His DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 6 December 1973, shows his SSN as 3XX-4X-1XXX (which is different from the SSN he now claims is correct). He authenticated this form by placing his signature in the appropriate block on that date.
3. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN as 3XX-4X-1XXX. He authenticated this form by placing his signature in the appropriate block on 13 December 1972 and again when he reviewed it on 14 June 1974.
4. On 14 June 1973, he completed a DD Form 398 (Statement of Personal History) wherein he listed his SSN as 3XX-4X-1XXX. He authenticated this form by placing his signature in the appropriate block on that date.
5. His record contains numerous orders, personnel, and legal documents, to include several DA Forms 2627-1 (Record of Proceeding under Article 15, Uniform Code of Military Justice (UCMJ)), and a DA Form 428 (Application for Identification Card), dated 26 November 1973, that all show his SSN as 3XX-4X-1XXX. He authenticated many of these documents by placing his signature in the appropriate block.
6. He was discharged on 29 April 1974. He completed 1 year, 1 month, and 3 days of net active service with 110 days of lost time.
7. Item 3 (SSN) of the DD Form 214 he was issued shows his SSN as 3XX-4X-1XXX.
8. The applicant provides his social security card, dated 6 May 2013, wherein it shows his SSN as 1XX-4X-2XXX.
9. The applicant also provides a DD Form 214 that shows he enlisted in the USMC on 9 December 1975 and was discharged on 5 March 1976. Item 3 (SSN) of this DD Form 214 shows his SSN as 3XX-4X-1XXX.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms that upon the applicant's entry into the RA his SSN was listed as 3XX-4X-1XXX. This SSN is consistent with the SSN he used throughout his Army service. He authenticated many documents by placing his signature in the appropriate place indicating the information provided, including his SSN, was correct. He did not use the SSN he now claims during his period of service.
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 and there is not a sufficiently compelling reason for compromising the integrity of the Armys records. Therefore, he is not entitled to correction of the SSN that is listed on his DD Form 214 for the period ending 29 April 1974.
3. With respect to his DD Form 214 for the period ending 5 March 1976, in accordance with Title 10, USC, the ABCMR only has the authority to correct Army records. It does not have jurisdiction over or the authority to correct USMC 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 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) AR20130018736
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