BOARD DATE: 22 July 2014
DOCKET NUMBER: AR20130021645
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as shown on his social security card. He also requests, in effect, issuance of the Purple Heart medal.
2. The applicant states:
* his SSN is wrong on all his military paperwork and he does not know how the incorrect number became a matter of record
* he served in Vietnam from 1969 to 1970 and he was wounded in action
* he never received the Purple Heart and he is trying to get his Army papers in order
3. The applicant provides:
* self-authored statement
* social security card
* National Personnel Records Center (NPRC) letter, dated 11 September 2013
* DD Form 214
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. His DD Form 214 shows he was awarded the Purple Heart. Service medals and awards are not issued by the ABCMR. The applicant may obtain the Purple Heart by submitting his request in writing to: NPRC, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri 63138. Therefore, this issue will not be further addressed in this Record of Proceedings.
3. The applicant completed a DD Form 398 (Statement of Personal History) prior to his induction into the Army of the United States on 27 January 1969. This form lists his SSN as a number completely different from the number shown on his social security card.
4. The applicant's DD Form 47 (Record of Induction) lists the same number used on his DD Form 398.
5. A review of his records shows the SSN used on his DD Form 398 and DD Form 47 was primarily used throughout his military service. Nothing in his records shows he used the requested SSN during his military service.
6. On 1 September 1970, he was honorably released from active duty and transferred to the U.S. Army Control Group (Annual Training). His DD Form 214 shows he completed 1 year, 7 months, and 5 days of creditable active military service.
7. The applicant provided a copy of his DD Form 214, self-authored statements, and a letter from NPRC authenticating copies of his records. He also provided a copy of his social security card which shows a number different from the one contained in his records.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form is complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show his SSN as shown on his social security card was carefully considered.
2. There is no evidence the SSN he claims is correct was ever recorded in his records.
3. 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, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
4. Absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including his DD Form 214, were correct at the time of preparation. Therefore, there is insufficient evidence to grant him relief in this case.
5. However, a copy of this decisional document will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military records and the SSN shown on his social security card.
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 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) AR20130021645
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ABCMR Record of Proceedings (cont) AR20130021645
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