IN THE CASE OF
BOARD DATE: 22 July 2014
DOCKET NUMBER: AR20130021002
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 that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect the social security number (SSN) that is depicted on her social security card.
2. The applicant states that at the time of her enlistment, she did not have her social security card with her and got the numbers her parents gave her confused.
3. The applicant provides copies of her social security card, DD Form 214, birth certificate, certificate of training and a letter of commendation.
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 29 July 1987 for a period of 3 years. She provided an SSN that is contained throughout her records and on her DD Form 214.
3. On 5 June 1989, she was honorably released from active duty under the provisions of Army Regulation 635-200, chapter 8, due to pregnancy. She had served 1 year, 9 months, and 8 days of active service and her DD Form 214 reflects the same SSN that she enlisted under and used throughout her entire period of service.
4. Army Regulation 635-5 (Separation Documents), in effect at the time, serves as the authority for the 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. All of the available documents contained in the applicants official records indicate that she enlisted and served with the SSN that is reflected on her DD Form 214. Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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 her SSN in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in her official records. This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in her military record and to satisfy her desire to have her correct SSN documented in her official record.
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) AR20130021002
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ABCMR Record of Proceedings (cont) AR20130021002
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