IN THE CASE OF:
BOARD DATE: 2 July 2014
DOCKET NUMBER: AR20130021228
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 social security number (SSN).
2. He states:
* the SSN listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty) is incorrect
* he enlisted using the wrong SSN and it was never corrected
3. The applicant provides his:
* Personal 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 Regular Army on 12 July 1979. Item 2 of his
DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 16 December 1978, shows his SSN as "XXX-XX-1XXX."
3. His SSN consistently appeared as "XXX-XX-1XXX" on every document in his available service personnel and health records throughout his period of military service.
4. On 16 July 1982, he was released from active duty. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-1XXX."
5. He submitted his:
* Social Security Card which shows his SSN as "XXX-XX-4XXX"
* Louisiana Personal Driver's License, issued 11 July 2013, which does not contain an SSN
6. Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214. The regulation provided that the Soldier's SSN would be entered in item 3 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his military records should be corrected to show his SSN as "XXX-XX-4XXX" was carefully considered.
2. The evidence of record shows his SSN consistently appeared as
"XXX-XX-1XXX" on documents in his records throughout his period of military service. He authenticated his DD Form 214 and several of these documents by placing his signature in the appropriate blocks.
3. Based on his Social Security Card, his SSN is currently "XXX-XX-4XXX"; 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 in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys 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) AR20130021228
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ABCMR Record of Proceedings (cont) AR20130021228
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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