IN THE CASE OF:
BOARD DATE: 31 July 2014
DOCKET NUMBER: AR20130019313
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 shown on his social security card.
2. The applicant states the SSN shown on his DD Form 214 is incorrect.
3. The applicant provides copies of his DD Form 214 and 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 16 December 1966 for a period of 3 years. At the time of his enlistment he recorded the same SSN on his DD Form 398 (Statement of Personal History) as later shown on his DD Form 214.
3. He completed training as a cannoneer and was transferred to Germany where he served for 11 months before being transferred to Vietnam. He served in Vietnam until 22 July 1969 when he departed for Fort Lewis, Washington. He performed all of his service under the SSN shown on his DD Form 398.
4. The applicant was honorably released from active duty on 24 July 1969 as an overseas returnee. He completed 2 years, 7 months, and 9 days of active service. His DD Form 214 reflects the SSN that he enlisted under and performed all of his service under.
5. On 1 July 1969, the Army discontinued the issuance and use of the Army service number and began using the SSN for identification. Prior to 1 July 1969, service members were not required to maintain an SSN in their records; however, they were usually recorded when provided by the individual Soldier.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, served as the authority for preparation of the DD Form 214. It provided that the DD Form 214 would be prepared to reflect information as it existed in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted and served under the SSN shown on his DD Form 214. Nowhere in his records is the SSN shown on the social security card he provided.
2. The Army has an interest in maintaining the accuracy of its records and the evidence of record clearly shows the applicant served his entire period of service under the SSN that is currently reflected on his DD Form 214. The fact that the applicant now contends his SSN is incorrect 34 years after the fact with no explanation as to the difference in the SSN's is not a sufficient basis to alter his military records.
4. Accordingly, there is no basis to grant the applicant's request to change his SSN in his official military records.
3. However, a copy of these proceedings and the social security card submitted by the applicant will be placed in the applicant's official records to resolve any future questions that may arise involving the applicant's 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 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) AR20130019313
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ABCMR Record of Proceedings (cont) AR20130019313
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