IN THE CASE OF:
BOARD DATE: 17 July 2014
DOCKET NUMBER: AR20130021225
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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as xxx-xx-xxx4 instead of xxx-xx-xxx5.
2. The applicant states someone unjustifiably and without his consent entered the SSN incorrectly on his DD Form 214.
3. The applicant provides a Department of Veterans Affairs (VA) Eligibility Report.
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 August 2002. His DD Form
4 (Enlistment/Reenlistment Document) shows his SSN as xxx-xx-xxx5.
3. His Official Military Personnel File (OMPF) includes the following documents that show his SSN as xxx-xx-xxx5:
* DD Form 1966/1 (Record of Military Processing-Armed Forces of the United States)
* Security Clearance Application, dated 21 June 2002
* DD Form 369 (Police Record Check), dated 6 June 2002
4. He reenlisted on 20 August 2005. His DD Form 4 for this reenlistment also shows his SSN as xxx-xx-xxx5.
5. He was discharged on 23 August 2007. His DD Form 214 shows his SSN as xxx-xx-xxx5.
6. A review of his OMPF revealed that he listed his SSN as xxx-xx-xxx5 throughout his entire military service. There is no evidence in his OMPF showing he ever listed the SSN he now claims is correct.
7. He provides a VA Eligibility Report that shows his SSN as xxx-xx-xxx4.
8. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 24 should be corrected to show a different SSN has been carefully considered.
2. The evidence of record shows he listed his SSN as xxx-xx-xxx5 throughout his entire military service.
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 showing a 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.
4. Based on the foregoing there is no basis to grant 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) AR20130021225
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ABCMR Record of Proceedings (cont) AR20130021225
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