IN THE CASE OF
BOARD DATE: 12 August 2014
DOCKET NUMBER: AR20140000545
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 the social security number (SSN) listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states the SSN on his DD Form 214 is incorrect.
3. The applicant provides copies of a:
* DD Form 214
* Colorado Drivers 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 applicants 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 applicants 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 3 March 1973.
3. His record contains the following documents showing the SSN as shown on his DD Form 214, the number he now claims is incorrect:
* DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 3 March 1973
* special orders announcing his discharge
* DA Form 20 (Enlisted Qualification Record)
4. He received a general discharge on 25 July 1973.
5. The applicant provides a copy of a Social Security Card that shows an SSN he claims is correct. There are no documents in his available record that show the SSN as shown on his Social Security Card.
6. Army Regulation 635-5 (Separation Documents) at the time provided guidance on the preparation of the DD Form 214. This regulation has historically stated that item 1 will contain the SSN taken from the Soldier's personnel record.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant enlisted, served, and was discharged using the SSN as shown on his DD Form 214.
2. There is no available evidence showing he used the SSN he now claims is correct during his active duty 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. While it might be understandable that the applicant now desires the record show his currently used SSN, in the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.
4. 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 in his military record and to satisfy his desire to have his current SSN shown in the OMPF.
5. In view of the foregoing, there is no basis for granting the applicant's 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) AR20100023544
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140000545
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