BOARD DATE: 10 June 2014
DOCKET NUMBER: AR20130019107
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 correct his social security number (SSN).
2. He states his SSN is wrong on his DD Form 214.
3. The applicant provides his:
* DD Form 214
* 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 on 30 March 1966. At the time of his enlistment, he was assigned a military service number that was primarily used for identification purposes.
3. The following documents contained in his record shows his SSN as XXX-XX-X8X6:
a. an undated DD Form 398 (Statement of Personal History);
b. a DA Form 2627-1 (Record of Proceedings Under Article 15, UCMJ (Uniform Code for Military Justice)), dated 30 April 1969; and
c. a DD Form 664 (Servicemans Statement Concerning Application for Compensation from the Veterans Administration), dated 29 July 1969.
4. On 30 July 1969, he was released from active duty. Item 3 (SSN) of his DD Form 214 shows his SSN as XXX-XX-X8X6.
5. He submitted his social security card that shows his SSN as XXX-XX-X6X8.
6. Army Regulation 635-8 (Separation Documents) then in effect governed the preparation of the DD Form 214. The regulation provided that the Soldier's SSN would be entered in item 3 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. All of the documents in the applicant's record show he used SSN XXX-XX-X8X6 when he served in an active duty status.
2. 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 on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his record. This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military record and his current SSN.
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) AR20130019107
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ABCMR Record of Proceedings (cont) AR20130019107
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