IN THE CASE OF:
BOARD DATE: 26 August 2014
DOCKET NUMBER: AR20140000980
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 XXX-9X-XXXX vice XXX-8X-XXXX.
2. The applicant states his SSN is incorrect on his DD Form 214 and he would like to have it corrected to avoid any future inconveniences.
3. The applicant provides his social security card, driver's license, and an identification 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 Puerto Rico Army National Guard (PRARNG) on 3 July 1965. His DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 3 July 1965, shows only his assigned service number (SN) and not his SSN.
3. He entered active duty for training on 22 January 1967. His DA Form 20 (Enlisted Qualification Record) that would have been created upon his entry on active duty is not available for review with this case.
4. His record contains orders, personnel, medical, and legal documents that all show his SN and not his SSN.
5. He was honorably released from active duty on 16 June 1967 to the control of the PRARNG. Item 3 (SSN) of the DD Form 214 he was issued shows his SSN as XXX-8X-XXXX.
6. The applicant provides a social security card, undated, wherein it shows his SSN as XXX-96-XXXX.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record is void of any documentation that contains his SSN except for the DD Form 214 he was issued on 16 June 1967 that contains his signature. In the absence of evidence to the contrary, it is presumed what the Army did in his case was correct and his DD Form 214 was prepared with the SSN he provided at the time.
2. 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. 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 correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. 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 on his DD Form 214 and to satisfy his desire to have his correct SSN documented in his OMPF.
4. In view of the foregoing, there is an insufficient evidentiary 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) AR20140000980
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ABCMR Record of Proceedings (cont) AR20140000980
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