IN THE CASE OF:	  

		BOARD DATE:	  16 September 2014

		DOCKET NUMBER:  AR20140002825 


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) entered on his DD Form 214 (Report of Separation from Active Duty).

2.  He states his DD Form 214 shows his SSN as "xx0-xx-xxx8."  A DD Form 215 (Correction to DD Form 214) shows his SSN as "xx2-xx-xxx8."  It should be "xx0-xx-xxx4."

3.  He provides:

* DD Form 214
* DD Form 215
* 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.  On 3 May 1972, prior to enlisting in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History).  In the block provided for his SSN, he entered "xx0-xx-xxx8."

3.  On 9 June 1972, the applicant enlisted in the RA.  The DD Form 4 (Enlistment Contract - Armed Forces of the United States) completed at that time shows his SSN as "xx0xxxxx8."

4.  A review of records created during his RA service shows his SSN was consistently recorded as "xx0-xx-xxx8."

5.  On 9 March 1974, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR).  Item 3 (SSN) of his DD Form 214 shows his SSN as "xx0 xx xxx8."

6.  On 3 April 1974, he submitted a DD Form 149 (Application for Correction of Military or Naval Record) requesting correction of the SSN on his DD Form 214.  He stated his correct SSN was "xx2 xx xxx8."  There is no evidence that the ABCMR considered his case.  The record shows his DD Form 214 was administratively corrected by issuance of a DD Form 215 to show his SSN as "xx2 xx xxx8."  The available records do not show what documentary evidence was used as the basis for issuing the DD Form 215.  

7.  On 3 June 1978, he reenlisted in the USAR for a period of 3 years.  The DD Form 4 completed at that time shows he reenlisted using the SSN "xx0-xx-xxx8."

8.  Effective 2 June 1981, he was honorably discharged from the USAR.  His discharge orders show his SSN as "xx0-xx-xxx8."

9.  He provides a social security card dated 21 March 2008 showing his SSN as "xx0-xx-xxx4."

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, stated for item 3 of the DD Form 214 to check records with the separatee's social security card when possible.  Otherwise, verify the accuracy of the SSN of record.



DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served under SSN xx0-xx-xxx8 throughout his military service.  In 1974, he requested correction of his SSN to xx2-xx-xxx8; however, after this correction was made he reenlisted using the SSN shown on his DD Form 214.  He was later discharged from the USAR under the SSN shown on his DD Form 214.  Based on the available evidence, it is unclear which SSN he believed to be correct during his military service.

2.  The SSN he now claims is correct is shown on a social security card he provides that is dated 21 March 2008.  There is no evidence that this SSN was ever entered in his military records.

3.  For historical purposes, 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 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 record the SSN shown on his social security card in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

4.  The applicant is advised that a copy of this decisional document will be filed in his official military personnel file.  This should serve to clarify any questions or confusion with regard to the difference in the SSNs recorded in his military record and that shown on his social security card.

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)                                         AR20140002825





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140002825



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1