IN THE CASE OF:
BOARD DATE: 10 June 2014
DOCKET NUMBER: AR20130018762
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-76-XXXX vice XXX-37-XXXX.
2. The applicant states the wrong SSN is shown on his DD Form 214. It was an error when his SSN was recorded as XXX-37-XXXX instead of XXX-76-XXXX. It is affecting his benefits with the Department of Veterans Affairs.
3. The applicant provides his DD Form 214 and a Social Security Administration SSN Printout.
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. In conjunction with the applicant's enlistment in the Regular Army (RA), he completed a DD Form 398 (Statement of Personal History) on 20 February 1968 wherein he listed his SSN with the fourth and fifth digits as XXX-37-XXXX. He authenticated this form by placing his signature in the appropriate block on that date.
3. He enlisted in the RA on 25 March 1968. His DD Form 4 (Enlistment Contract Armed Forces of the United States), dated 25 March 1968, shows his SSN as XXX-37-XXXX. He authenticated this form by placing his signature in the appropriate block on that date.
4. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN as XXX-37-XXXX. He authenticated this form by placing his signature in the appropriate block on 28 March 1968 and when he reviewed the form on 7 May 1970.
5. His records contain numerous orders, personnel documents, and legal documents that all show his SSN as XXX-37-XXXX. He authenticated many of these documents by placing his signature in the appropriate block.
6. He was honorably released from active duty on 13 January 1971 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).
7. Item 3 (SSN) of his DD Form 214 shows his SSN as XXX-37-XXXX.
8. U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, Letter Orders Number 02-1069210, dated 27 February 1974, honorably discharged him from the USAR Control Group (Standby) effective 1 March 1974. These orders show his SSN as XXX-37-XXXX.
9. The applicant provided a Social Security Administration SSN Printout, dated 4 September 2013, verifying his SSN as XXX-76-XXXX.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms that upon the applicant's enlistment in the RA, he listed his SSN as XXX-37-XXXX. This SSN is consistent with the SSN he used throughout his military 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 active 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.
3. While it is understandable that 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. Absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including his DD Form 214, were correct at the time of preparation and there is insufficient evidence to grant him relief in this case.
4. The applicant is advised that a copy of this decisional document which confirms his current SSN will be filed in his 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) AR20130018762
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130018762
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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