IN THE CASE OF:
BOARD DATE: 2 October 2014
DOCKET NUMBER: AR20140003425
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-XX-X4XX" instead of "XXX-XX-X9XX."
2. The applicant states his DD Form 214 incorrectly shows the seventh digit of his SSN as "9" instead of "4."
3. The applicant provides copies of his:
* DD Form 214
* 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's complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center (NPRC) in 1973. It is believed that the applicant's records were lost or destroyed in that fire. This case is being considered using a reconstructed NPRC record that includes a few original official military personnel file documents and his DD Form 214.
3. The applicant's military record contains a label affixed to its outer jacket that includes his SSN, which is listed as "XXX-XX-X9XX." His record shows he enlisted in the Virginia Army National Guard (VAARNG) on 16 August 1965, for a period of 6 years, and began to serve in that capacity.
4. On 1 February 1967, he was ordered to active duty training (ADT). Upon completion of ADT, he was awarded military occupational specialty 36K (Wireman).
5. The majority of the available documents contained in the applicant's NPRC reconstructed file list his assigned service number and do not contain an SSN.
6. On 7 June 1967, the applicant was released from ADT and transferred back to the VAARNG. The DD Form 214 issued him at that time contains the entry "XXX-XX-X9XX" in item 3 (SSN).
7. The applicant provided a copy of his social security card which shows his SSN as "XXX-XX-X4XX."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the SSN listed on outer jacket or sleeve of the applicant's OMPF and his DD Form 214 is the same SSN he now claims is incorrect. There are no documents on file in his NPRC record that lists his SSN which he claims is correct.
2. 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 that the applicant desires his military records to now reflect his current SSN as shown on the evidence he provides, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. Absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, were correct at the time of preparation and there is insufficient evidence to grant relief in this case.
4. The applicant is advised that a copy of this decisional document will be filed in his military records. This should serve to clarify any questions or confusion regarding the different SSN's and to satisfy his desire to have his current SSN documented in his records.
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) AR20140003425
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ABCMR Record of Proceedings (cont) AR20140003425
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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