BOARD DATE: 2 July 2014
DOCKET NUMBER: AR20130020737
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 the social security number (SSN) listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. He states the SSN on his DD Form 214 is wrong.
3. The applicant provides his:
* DD Form 214, dated 14 September 1982
* Driver's License
* 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 U.S. Army Reserve (USAR) on 12 March 1982 and was ordered to active duty for training (ADT) on 7 May 1982. He was honorably released from ADT on 14 September 1982. Item 3 (SSN) of the DD Form 214 he was issued shows his SSN as XX2-XX-X73X.
3. On 19 July 1983, the applicant enlisted in the Regular Army. Item 2 (SSN) of his DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 7 April 1983, shows his SSN as XX2-XX-X43X.
4. A review of every document contained in his available military personnel and health records, many of which bear his signature, shows his SSN consistently appears as XX2-XX-X43X throughout his tenure of service.
5. On 1 August 1984, he was released from active duty. Item 3 of the DD Form 214 issued at the time of separation shows his SSN as XX2-XX-X43X and bears his signature.
6. He submitted his:
* Kentucky Driver's License, issued 7 March 2011, which does not contain an SSN
* Social Security Card that shows his SSN as XX7-XX-X34X
7. Army Regulation 635-5 (Separation Documents), in effect at the time of his service, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states that the complete name and social security number of the separating service member will be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his SSN as XX7-XX-X34X was carefully considered.
2. The evidence of record shows his SSN consistently appeared as
XX7-XX-X43X on every document in his available service personnel and health records throughout his period of military service. He authenticated his DD Form 214 and several of these documents requiring his signature by placing his signature in the appropriate blocks.
3. Based on his social security card, his SSN is currently XX7-XX-X34X; however, it is not the SSN he used when he served on active duty, and this does not change the conditions and circumstances that existed at the time his service records were created.
4. 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 the applicant desires to now 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.
5. 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.
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) AR20130020737
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ABCMR Record of Proceedings (cont) AR20130020737
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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