IN THE CASE OF:
BOARD DATE: 17 June 2014
DOCKET NUMBER: AR20130019101
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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as "3XX-7X-1XXX" instead of "3XX-8X-2XXX."
2. He states that the SSN recorded on his DD Form 214 was issued to someone else by the Social Security Administration. As a result, the Social Security Administration issued him a new SSN which is 3XX-7X-1XXX.
3. He provides his DD Form 214 and printout provided to him by the Social Security Administration.
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 U.S. Army Reserve Delayed Entry Program on 9 March 1981 and then he enlisted in the Regular Army on 15 April 1981. The DD Form 4 (Enlistment Contract - Armed Forces of the United States) rendered at the time of his initial enlistment shows his SSN as 3XX-8X-2XXX. He served continuously until he was honorably released from active duty on 11 April 1985.
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 "3XX-8X-2XXX" 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 "3XX-8X-2XXX" and bears his signature.
5. He provides a printout issued by the Social Security Administration that shows his SSN as "3XX-7X-1XXX." This document appears to be dated 12 June 1997.
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 "3XX-7X-1XXX" was carefully considered.
2. The evidence of record shows his SSN consistently appeared as
"3XX-8X-2XXX" 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 the printout from the Social Security Administration, his SSN is currently "3XX-7X-1XXX"; 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 Armys 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) AR20130019101
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ABCMR Record of Proceedings (cont) AR20130019101
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