BOARD DATE: 2 July 2014
DOCKET NUMBER: AR20130018784
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-46-xxxx" instead of "xxx-44-xxxx."
2. The applicant states the error is causing him to have issues.
3. The applicant does not provide any evidence.
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 connection with his enlistment in the Regular Army (RA), the applicant should have completed a DD Form 398 (Statement of Personal History) which would have listed his SSN. However, it is unclear if he did so as this form is not available for review with this case.
3. His records show he enlisted in the RA on 16 June 1966. His DD Form 4 (Enlistment Record - Armed Forces of the United States) listed his Service Number but not his SSN.
4. His DA Form 20 (Enlisted Qualification Record) which was created upon his enlistment lists his SSN as "xxx-44-xxxx." He reviewed this form at a later date and placed his signature in the appropriate block.
5. His official records contain various documents, including the following documents, that list an SSN the same as or similar to the one listed on his DD Form 4. He authenticated some of these documents when it was appropriate by placing his signature in the appropriate block:
* DA Form 41 (record of Emergency Data)
* DA Form 873 (Certificate of Clearance and/or security Determination)
* Separation orders
6. He was honorably released from active duty on 13 June 1969 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligations. Item 3 (SSN) of his DD Form shows his SSN as "xxx-44-xxxx." He authenticated this form with his signature.
7. On 24 may 1972, the U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, published orders discharging him from the service. The orders listed his SSN as "xxx-44-xxxx."
8. He submitted a social security card showing a name similar to his with the SSN as "xxx-46-xxxx.'
9. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant consistently used the SSN "xxx-44-xxxx" throughout his military service. He authenticated several documents by lacing his signature in the appropriate blocks, indicating this was his correct SSN. He did not use the requested SSN during his military 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 the applicant desires to now record a different SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records. Therefore, absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, were correct at the time and there is insufficient evidence to grant him relief in this case.
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) AR20130018784
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