IN THE CASE OF:
BOARD DATE: 21 August 2014
DOCKET NUMBER: AR20140000995
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 change the second and third digits of his Social Security Number (SSN) to read "56" instead of "65."
2. He states the SSN on his DD Form 214 is wrong. Please correct his SSN to read "X56-XX-XXXX" instead of "X65-XX-XXXX."
3. The applicant provides his DD Form 214 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 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 Regular Army on 16 March 1965 for 3 years. His DD Form 4 (Enlistment Record - Armed Forces of the United States) does not contain his SSN.
3. Prior to his enlistment he completed a DD Form 398 (Statement of Personal History) in which he listed his SSN as "X65-XX-XXXX." His record also contains a DA Form 41 (Record of Emergency Data) dated 16 March 1965 and Letter Orders Number 03-1030883, dated 3 March 1971, that both show his SSN as "X65-XX-XXXX."
4. He was honorably released from active duty on 3 March 1968. Item 3 (SSN) of his DD Form 214 shows the SSN "X65-XX-XXXX."
5. The applicant provided a copy of his Social Security Card that lists his SSN as "X56-XX-XXXX."
6. Army Regulation 635-5 (Separation Documents) in effect at the time provided guidance on the preparation of the DD Form 214. This regulation has historically stated that item 3 of the DD Form 214 will contain the SSN taken from the Soldier's personnel record.
DISCUSSION AND CONCLUSIONS:
1. His request to change his SSN on his DD Form 214 was carefully considered; however, it is not supported by the evidence of record.
2. He provided a copy of his Social Security Card which shows his SSN as "X56-XX-XXXX." However, the SSN entered on his DD Form 398 shows he used "65" as the second and third digits and continued to use this number throughout his military career.
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. 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.
4. He is advised that a copy of this decisional document, which shows his current SSN, will be filed in his Official Military Personnel File (OMPF). This
should serve to clarify any questions or justify any confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have the correct SSN documented in his OMPF.
5. Therefore, there is insufficient evidence to grant him relief in this case.
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) AR20140000995
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ABCMR Record of Proceedings (cont) AR20140000995
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