IN THE CASE OF:
BOARD DATE: 19 June 2014
DOCKET NUMBER: AR20130019683
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, in effect, correction of his records to show his social security number (SSN) as 279-XX-XXXX vice 274-XX-XXXX.
2. He states his SSN is incorrect on Special Orders Number 25.
3. The applicant provides:
* Special Orders Number 25
* his Medicare Health Insurance card
* Standard Form (SF) 180 (Request Pertaining to Military Records)
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, and 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 on 9 February 1962 in the U.S. Army Reserve (USAR). On 5 March 1962, he was ordered to active duty for training. At the time of enlistment, he was assigned a military service number that was primarily used for identification purposes.
3. On 1 September 1962, he was released from active duty training after serving for 5 months and 27 days. Item 33 (Remarks) of his DD Form 214 shows his SSN as 274-XX-XXXX. He authenticated this form with his signature.
4. Special Orders Number 25, issued by Headquarters, XX United States Army Corps, Fort Hayes, Columbus, OH, dated 5 February 1968, show he was honorably discharged from the USAR on 8 February 1968. These orders also show his SSN as 274-XX-XXXX.
5. He submitted the following documents which show his SSN as 279-XX-XXXX:
* SF 180, dated 19 August 2013
* his Medicare Health Insurance card, effective 1 January 2004
7. Army Regulation 635-5 (Separation Documents), in effect at the time, governs the preparation of the DD Form 214. The regulation then in effect provided that the Soldier's SSN would be entered in item 3 of the DD Form 214 and would be taken from the military pay voucher.
DISCUSSION AND CONCLUSIONS:
1. All of the documents in the applicant's record show he used SSN 274-XX-XXXX when he served in an active service 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 Special Orders Number 25, 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) AR20130019683
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ABCMR Record of Proceedings (cont) AR20130019683
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