IN THE CASE OF:
BOARD DATE: 27 August 2014
DOCKET NUMBER: AR20140001486
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 the fifth digit of his Social Security Number (SSN) as a 6.
2. The applicant states he needs this correction in order to receive government benefits. He was told at the time of his entry into the military that his SSN would be corrected later.
3. The applicant provides a copy of his 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. A DD Form 4 (Enlistment Contract Armed Forces of the United States) shows the applicant enlisted in the Regular Army on 14 April 1971 using an SSN with a number 4 in the fifth position.
3. All of the applicants military records show he used this same SSN throughout his service. On 23 April 1973, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).
4. The applicants DD Form 214 shows his SSN with a number 4 in the fifth position.
5. The applicant has provided a copy of his Social Security Card showing his SSN with the number 6 in the fifth position.
6. Army Regulation 635-5 (Separation Documents) as then in effect, required the SSN to be entered in Item 3 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show the fifth digit of his SSN as a 6.
2. The evidence of record clearly shows that the applicant enlisted in the Regular Army using an SSN with the number 4 in the fifth position. He used this number for his entire period of active duty service. Furthermore, there is no documented evidence of record showing that the applicant had been told of this error while on active duty, or that it would be corrected at a later time.
3. 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.
4. The applicant is advised that a copy of this decisional document, along with his application will be filed in his military records. This should serve to clarify any questions or confusion in regard to the difference in his current SSN and the one recorded in his military record, and to satisfy his desire to have his current SSN documented in his record.
5. In view of the above, the applicants request should be denied.
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) AR20130002706
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ABCMR Record of Proceedings (cont) AR20140001486
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