IN THE CASE OF
BOARD DATE: 29 July 2014
DOCKET NUMBER: AR20130021136
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as XX0-XX-X969 vice XX9-XX-X664 (i.e., XX0-XX-X664).
2. He states his SSN is mistyped.
3. The applicant provides a Social Security Number printout.
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 10 March 1982. Item 2 (SSN) of his DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 20 January 1982, shows his SSN as XX0-XX-X664.
3. 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 XX0-XX-X664 throughout his tenure of service.
4. On 27 May 1982, he was honorably discharged from active duty after serving for 2 months and 18 days. Item 3 of his DD Form 214 shows his SSN as XX0-XX-X664.
5. He submitted an SSN printout from the Social Security Administration (SSA) that shows his SSN as XX0-XX-X969.
6. 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 SSN 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 XX0-XX-X969 was carefully considered.
2. The evidence of record shows his SSN consistently appeared as
XX0-XX-X664 on every document in his available service personnel and health records throughout his period of military service. He authenticated several of these documents requiring his signature by placing his signature in the appropriate blocks.
3. Based on his SSN printout, his SSN is currently XX0-XX-X969; 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) AR20130021136
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ABCMR Record of Proceedings (cont) AR20130021136
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