Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130021225
Original file (20130021225.txt) Auto-classification: Denied

		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 Army’s 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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130021225



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2012 | 20120006817

    Original file (20120006817.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his correct social security number (SSN) as "XXX-XX-XXX4" instead of "XXX-XX-XXX5." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending item 3 of his DD Form 214 by deleting the current entry and adding the SSN as it is...

  • ARMY | BCMR | CY2010 | 20100018748

    Original file (20100018748.txt) Auto-classification: Approved

    Some of the documents filed in his record list his SSN as "xxx-xx-xxx4" while others list his SSN as "xxx-xx-xxx5." Therefore, the applicant is entitled to correction of his DD Form 214 to show his correct SSN of "xxx-xx-xxx4." In the absence of official orders or other documentary evidence, such as operation reports, after action reports, valor awards, witness statements, or any other evidence that conclusively shows he participated in active ground combat while assigned to an infantry...

  • ARMY | BCMR | CY2012 | 20120010760

    Original file (20120010760.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and DD Form 215 (Correction to DD Form 214) to show his Social Security Number (SSN) as "xxx-xx-xxx4" instead of "xxx-xx-xxx5." The DD Form 214 he was issued at the time shows his SSN as "xxx-xx-xxx5." However, his military personnel record contains a DA Form 20 that was reviewed and signed by him and his Army Good Conduct Medal orders that show he used the...

  • ARMY | BCMR | CY2011 | 20110018255

    Original file (20110018255.txt) Auto-classification: Approved

    Counsel requests correction of the applicants DD Form 214 to show his correct SSN. His record contains a DA Form 24 (Service Record) which shows his SSN as "XXX-XX-XXX5." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by listing his SSN on his DD Form 214 as it is shown on his social security card.

  • ARMY | BCMR | CY2012 | 20120004225

    Original file (20120004225.txt) Auto-classification: Approved

    The evidence of record shows at the time of his induction into the Army his assigned military service number was used as his primary identification number. Although several documents in his military personnel record show his SSN as "xxx-xx-xxx5" the applicant provides a typed DA Form 1341 prepared during his active duty service that shows his SSN as "xxx-xx-xxx4." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....

  • ARMY | BCMR | CY2014 | 20140017776

    Original file (20140017776.txt) Auto-classification: Approved

    The applicant provides: * DD Form 214 * 2 National Guard Bureau (NGB) Forms 22 (Report of Separation and Record of Service) * DA Form 3725 (Army Reserve Statement and Address Verification) * DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States) * a letter * DA Form 4688/1 (Certificate and Acknowledgement of Service Requirements for Individuals Enlisting or Reenlisting in the Individual Ready Reserve) * DARP Form 1103 (Follow-Up Questionnaire to Army Reserve...

  • ARMY | BCMR | CY2011 | 20110020327

    Original file (20110020327.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 22 March 1977 to show his social security number (SSN) as "xxx-xx-xxx9" instead of "xxx-xx-xxx4." Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, was correct at the time, and there is insufficient evidence to grant him relief in this case. ABCMR Record of...

  • ARMY | BCMR | CY2011 | 20110000568

    Original file (20110000568.txt) Auto-classification: Denied

    The evidence of record shows the applicant enlisted in the RA on 8 July 1968. However, throughout the applicant's active duty service no evidence was present listing the applicant's SSN as anything other than "xxx-xx-xxx4." ___________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 | CY2013 | 20130021770

    Original file (20130021770.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 26 September 1997 to show his social security number (SSN) as "XXX-XX-XXX5" instead of "XXX-XX-XXX6." Additionally, he provided a DD Form 214 for the period ending on 20 July 2011, from the Air National Guard, that also shows his SSN as "XXX-XX-XXX5." As a result, the Board recommends that all Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2011 | 20110008010

    Original file (20110008010.txt) Auto-classification: Approved

    The applicant provides his DD Form 214. 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. * DD Form 47 (Record of Induction) * DA Form 20 (Enlisted Qualification Record) * DD Form 1584 (National Agency Check Request) * DA Form 428 (Application for Identification Card) * reassignment,...