IN THE CASE OF:
BOARD DATE: 2 July 2014
DOCKET NUMBER: AR20130019968
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 item 3 (social security number (SSN)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, his DD Form 214 incorrectly lists his SSN as "XXX-XX-X967" and it should be listed as "XXX-XX-X395." He was recently issued a copy of his social security card before going to a Department of Veterans Affairs hospital.
3. The applicant provides copies of his DD Form 214, social security card, and State identification 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 Regular Army on 18 April 1978 and he served as a physical activities specialist. His military record contains the following:
* DD Form 1966 (Application for Enlistment Armed Forces of the United States), dated April 1978, which lists his SSN as "XXX-XX-X967"
* DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), which lists his SSN as "XXX-XX-X967"
* Enlistment/Travel Order Number 78-4, dated 18 April 1978, which lists his SSN as "XXX-XX-X967"
* DA Form 2-1 (Personnel Qualification Record Part II), prepared on 21 April 1978 and reviewed on 19 July 1978, which lists his SSN as
"XXX-XX-X967"
3. On 23 April 1981, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). Item 3 of his
DD Form 214 lists his SSN as "XXX-XX-X967."
4. All documents contained his military records show the SSN that is listed on his DD Form 214. His record is void of any evidence showing he attempted to correct his SSN during his period of active service.
5. His record also contains Orders Number 121-10, dated 23 June 1982, discharging him from the USAR on 1 May 1982. These orders list his SSN as "XXX-XX-X967."
6. He provided a copy of his social security card, dated 3 October 2011, which lists his SSN as "XXX-XX-X395."
7. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated item 3 would list the SSN verified in the Soldier's records.
DISCUSSION AND CONCLUSIONS:
1. The documents contained in the applicant's military record shows he used SSN "XXX-XX-X967" when he served in the Regular Army and USAR. He did not use the requested SSN during his period of military service. There is no evidence of record and he did not provide sufficient evidence to show the SSN listed on his DD Form 214 was not the SSN he claimed at the time. Absent convincing independent and verifiable evidence to the contrary, it is presumed that his
DD Form 214 and USAR discharge orders were correct at the time they were prepared. Therefore, there is an insufficient evidentiary basis to grant him relief.
2. For historical purpose, 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 showing a 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 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. He is not entitled to the requested relief.
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) AR20130019968
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ABCMR Record of Proceedings (cont) AR20130019968
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