IN THE CASE OF:
BOARD DATE: 24 June 2014
DOCKET NUMBER: AR20130019239
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 "xxx-xx-26xx" instead of "xxx-xx-56xx."
2. The applicant states his SSN is incorrectly listed on his DD Form 214.
3. The applicant provides his Social Security card, Social Security Administration Printout, DD Form 214, and Illinois Driver's License.
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. He enlisted in the Regular Army on 10 July 1979.
3. A review of his military personnel file shows that all the documents in his record that require an SSN entry show his SSN as "xxx-xx-56xx" to include the following:
* DD Form 1966/1 (Application for Enlistment- Armed Forces of the United States) dated 10 July 1979.
* DA Form 2-1 (Personnel Qualification Record), last reviewed by the applicant on 8 January 1982
4. On 8 July 1982, he was honorably released from active duty at his expiration of term of service. His DD Form 214 shows his SSN as "xx-xx-56xx."
5. There is no evidence of record and he did not provide any evidence that shows he used the SSN of "xxx-xx-26xx " at any time during his active duty military service.
6. He provides his Social Security card and Social Security Administration printout showing his SSN as "xxx-xx-26xx."
7. 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. This regulation establishes standardized policy for preparation of the DD Form 214. The instructions in effect at the time of the applicant's release from active duty stated to verify the accuracy of the Soldier's SSN with the SSN of record.
DISCUSSION AND CONCLUSIONS:
1. When the applicant applied for entry into the Army he listed his SSN as
xxx-xx-56xx and his SSN is listed as such on every document contained in his Official Military Personnel File (OMPF). There is no evidence he used the requested SSN at any time 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. While it is understandable that he now desires to record his current SSN in his service
records and separation documents, 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 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.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20130019239
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ABCMR Record of Proceedings (cont) AR20130019239
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