BOARD DATE: 2 July 2014
DOCKET NUMBER: AR20130020296
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 xxx-xx-0190 instead of xxx-xx-3475.
2. The applicant states the SSN is incorrect on his DD Form 214.
3. The applicant provides a DD Form 214 and a copy of his Medicare 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's military records are not available for review. The Board requested his military records from the repository in St. Louis, Missouri, but without success. This case is being considered based on the documents provided by the applicant.
3. The applicant's DD Form 214 shows:
a. He was inducted into the Army and he entered active duty on 3 September 1963.
b. His specialty number was 95B (Military Policeman).
c. He was honorably released from active duty on 2 September 1963
(i.e., 1965).
d. His SSN is shown as xxx-xx-3475 in item 32 (Remarks).
4. He provides a copy of his Medicare card that shows his Medicare claim number as xxx-xx-0190-A.
5. Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge
6. Army Regulation 15-185 (ABCMR), paragraph 2-2c states the ABCMR will decide cases on the evidence of record. It is not an investigative agency. Paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show a different SSN has been carefully considered.
2. His military records are not available for review. Therefore, the SSN he listed upon his induction and subsequent entry on to active duty service cannot be verified. Although he provides a copy of his Medicare card that shows the SSN he claims is correct, this document alone is insufficient evidence to conclude that an error occurred during the preparation of his DD Form 214. As a result, administrative regularity must be presumed in this case.
3. 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 correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. The applicant is advised that a copy of this decisional document, will be filed in his Official Military Personnel File (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.
5. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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) AR20130020296
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130020296
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140011877
Item 32 (Remarks) of his DD Form 214 shows his SSN as "XXX-XX-X8XX." In view of the foregoing, his DD Form 214 should be corrected to show his SSN as it is shown on his DA Form 41. _______ _ _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.
ARMY | BCMR | CY2014 | 20140012397
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his records to show his Social Security Number (SSN) as "XXX-XX-0XXX" instead of "XXX-XX-9XXX." 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.
ARMY | BCMR | CY2014 | 20140016548
The applicant requests correction of the social security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The correct SSN should be XXX-XX-0XXX vice XXX-XX-6XXX, now of record. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by replacing the SSN listed on the applicant's DD Form 214, item 32 with the SSN shown on his social security card.
ARMY | BCMR | CY2012 | 20120001142
His record contains some personnel, medical, and other documents that mostly listed his service number; however, when his SSN is listed it is shown as "xxx-xx-xxx9." It appears an administrative error occurred when his DD Form 214 was prepared that lists his SSN as "xxx-xx-xxx4," which is the only document in his available record with such an SSN. Therefore, it would be appropriate at this time to correct his DD Form 214 to show his correct SSN.
ARMY | BCMR | CY2014 | 20140006215
His DD Form 47 (Record of Induction) shows his SSN as XXX-XX-5XX5. The applicant's record contains a DD Form 47 and a DD Form 398 that show his SSN as XXX-XX-5XX5 as shown on his Medicare card. ______________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.
ARMY | BCMR | CY2014 | 20140018903
Application for correction of military records (with supporting documents provided, if any). His record contains: * a DD Form 398 (Statement of Personnel History), dated 16 January 1967, which shows his SSN as XXX-XX-XX97 * a DA Form 2376 (Notification to State Adjutants General Release from Active Duty of Obligated Reservist), dated 9 December 1968, which shows his SSN as XXX-XX-XX97 4. ABCMR Record of Proceedings (cont) AR20140018903 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD...
ARMY | BCMR | CY2013 | 20130021364
His military record contains the following: * DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 19 September 1966, which does not lists his SSN * DA Form 20 (Enlisted Qualification Record), dated 23 September 1966, which lists his SSN as "XXX-XX-1385" * DA Form 61 (Application for Appointment), dated 27 September 1966, which does not list his SSN 3. Documents contained in his enlisted and officer military record lists four different SSNs. There is no evidence of...
ARMY | BCMR | CY2014 | 20140015900
The applicant's record contains documents showing he used the SSN that he claims is correct during his period of active service ending 17 December 1964. Therefore, it would be appropriate to correct his DD Form 214 ending 1 June 1967 to show his SSN as it is listed on his DD Form 214 ending 17 December 1964. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 3 of his DD Form 214 ending 1 June 1967 and...
ARMY | BCMR | CY2011 | 20120000780
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 xxx-xx-xxx2" in instead of xxx-xx-xxx1. 2. Item 3 (SSN) of his DD Form 214 shows his SSN as xxx-xx-xxx1. 5. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the SSN listed in item 3 of his DD Form 214 and adding the SSN as it is listed on his...
ARMY | BCMR | CY2011 | 20110024048
His record contains, in part: * DD Forms 4 (Enlistment Record Armed Forces of the United States), dated 10 January 1957 and 7 May 1964, that do not list his SSN * DA Form 41 (Record of Emergency Data) signed by the applicant and last reviewed on 1 December 1966, that shows the entry "XXX-XX-3XX1" in Item 9 (SSN) * DA Form 24 (Service Record) that shows the entry "XXX-XX-3XX1" as his SSN * DA Form 20 (Enlisted Qualification Record) that does not list his SSN 6. The evidence of record shows...