BOARD DATE:	  14 August 2014

		DOCKET NUMBER:  AR20130022319 


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).

2.  The applicant states, in effect, his DD Form 214 incorrectly lists his SSN as "3XX-4X-5XXX" and it should be listed as "5XX-7X-8XXX" as shown on his social security card.

3.  The applicant provides Special Orders (SO) Number 287 and two copies each of his birth certificate and 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 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 on 2 February 1966.  At the time of his enlistment, he was assigned and identified with a service number starting with “RA” for Regular Army.  His military record contains the following documents which do not list his SSN:

* DD Form 398 (Statement of Personal History), dated 31 January 1966 
* DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 19 September 1966
* DA Form 20 (Enlisted Qualification Record), dated 23 February 1968

3.  His record also contains and he provided a copy of SO Number 278, dated 4 October 1968, which lists his SSN as "3XX-4X-5XXX."

4.  He was released from active duty on 4 October 1968 and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  Item 3 of his DD Form 214 lists his SSN as "3XX-4X-5XXX."

5.  Letter Orders Number 01-1027916, dated 26 January 1972, discharged him from the USAR on 1 February 1972.  These orders list his SSN as 
"3XX-4X-5XXX."

6.  A review of other documents contained in his military record list the SSN shown on his DD Form 214 or the entry, "SSN not available."

7.  He provided two copies of the following:

* birth certificate which identifies an individual with the same name and date of birth as the applicant
* social security card which lists his SSN as "5XX-7X-8XXX"

8.  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 and USAR with the SSN "3XX-4X-5XXX."  It appears he began using the SSN "5XX-7X-8XXX" after his separation.  There is no evidence of record and he did not provide sufficient evidence to show item 3 of his DD Form 214 contains an error.
2.  Absent convincing independent and verifiable evidence to the contrary, it is presumed that his 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 current SSN on his
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 current SSN and the SSNs used during his periods of service in the RA and USAR.

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)                                         AR20130022138



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ABCMR Record of Proceedings (cont)                                         AR20130022319



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