IN THE CASE OF:	  

		BOARD DATE:	    5 August 2014

		DOCKET NUMBER:  AR20130021364 


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 item 3 (social security number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending on 16 July 1969.

2.  The applicant states, in effect, his 1969 DD Form 214 incorrectly lists his SSN as "XXX-XX-2319" and it should be listed as "XXX-XX-2318" as shown on his social security and Medicare cards.

3.  The applicant provides copies of his 1969 DD Form 214 and social security and Medicare cards.

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2.  The applicant enlisted in the Regular Army (RA) on 19 September 1966.  His military record contains the following:

* DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 19 September 1966, which does not lists his SSN
* DA Form 20 (Enlisted Qualification Record), dated 23 September 1966, which lists his SSN as "XXX-XX-1385"
* DA Form 61 (Application for Appointment), dated 27 September 1966, which does not list his SSN

3.  He was honorably released from active duty on 25 September 1967 to accept a commission as an officer in the Army.  Item 3 of his DD Form 214 lists his SSN as "XXX-XX-1285."

4.  He was appointed in the U.S. Army Reserve (USAR) on 26 September 1967 and entered on active duty on the same day.  

5.  His DA Form 66 (Officer Qualification Record), audited on 27 August 1968, lists his SSN as "XXX-XX-2319."

6.  He was honorably released from active duty on 16 July 1969 and was transferred to the USAR Control Group (Reinforcement).  Item 3 of his DD Form 214 lists his SSN as "XXX-XX-2319."

7.  His record further contains the following:

* DA Form 41 (Record of Emergency Data), undated, which lists his SSN as "XXX-XX-2318"
* Record of Military Status of Registrant, dated 15 October 1970, which lists his SSN as "XXX-XX-2318"
* DA Form 66, audited on 13 November 1970, which lists his SSN as 
"XXX-XX-2318
* Letter Orders Number 06-1239022 discharging him from the USAR on 31 July 1972; the orders list his SSN as "XXX-XX-2318"

8.  A review of the documents containing his enlisted and officer military records show four different SSNs used during his enlistment, commission, and USAR periods of service.  His record is void of any evidence showing he attempted to correct his SSN at any time during these periods of service.



9.  He provided copies of his social security and 2012 Medicare cards which list his SSN as "XXX-XX-2318."

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation stated item 3 would list the SSN verified in the Soldier's records.

DISCUSISON AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in the RA as an enlisted Soldier from 19 September 1966 through 25 September 1967 using the SSNs "XXX-XX-1385" and "XXX-XX-1285."  He was commissioned in the USAR and served on active duty from 26 September 1967 through 16 July 1969 using the SSN "XXX-XX-2319."  He served in the USAR from 17 July 1969 through 31 July 1972 using the SSN "XXX-XX-2318."

2.  Documents contained in his enlisted and officer military record lists four different SSNs.  It appears he began using the SSN "XXX-XX-2318" after his separations from active duty in 1967 and 1969.  There is no evidence of record and he did not provide sufficient evidence to show the SSN listed on his DD Form 214 ending on 16 July 1969 was not the SSN he claimed at the time.  Absent convincing independent and verifiable evidence to the contrary, it is presumed that his 1969 DD Form 214 was correct at the time it was prepared.  Therefore, there is an insufficient evidentiary basis to grant him relief.

3.  For historical purpose, 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 showing a material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable that he now desires to record his correct SSN on his 1969 DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

4.  A copy of this decisional document will be filed in his records to clarity the difference between his correct SSN and the SSNs used during his periods of service on active duty.




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)                                         AR20130021364





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130021364



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1