IN THE CASE OF:  

		BOARD DATE:  29 October 2014	  

		DOCKET NUMBER:  AR20140004032 


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 "567-XX-XXXX" instead of "264-XX-XXXX."

2.  He states the incorrect prefix numbers of his SSN were recorded on his DD Form 214.

3.  He provides his:

* DD Form 214
* Social Security Card
* California Driver License
* Delco Remy Employee Identification Card
* a letter from the San Diego, California Regional Office of the Department of Veterans Affairs

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 was inducted into the Army of the United States on 16 March 1967 and was honorably released from active duty (REFRAD) on 15 March 1969.  Upon his REFRAD he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) for completion of his Reserve obligation.

3.  A review of every document contained in his available military personnel and health records, many of which bear his signature, shows his SSN consistently appears as "264-XX-XXXX" throughout his tenure of service.

4.  Item 3 (SSN) of the DD Form 214 issued to the applicant at the time of separation also shows his SSN as "264-XX-XXXX" and this document bears his signature.

5.  Office of The Adjutant General, USAR Components Personnel and Administration Center, St. Louis, MO, Letter Orders Number 02-1033209, dated 21 February 1973, show the applicant was honorably discharged from the USAR effective 1 March 1973.  His SSN is shown as "264-XX-XXXX" on this document.

6.  He provides a Social Security Card issued by the Social Security Administration and an employee identification card issued by Delco Remy which both show his SSN as "567-XX-XXXX."

7.  He also provides a letter from the Veterans Service Manager, Regional Office, Department of Veterans Affairs, San Diego, CA, dated 7 February 2014.  The Veterans Service Manager informed the applicant that a claim file review disclosed that the SSN shown on his DD Form 214 is incorrect and referred him to this Board to seek corrective action.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time of his service, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  This regulation establishes standardized policy for the preparation of the DD Form 214.  It states that the complete name and SSN of the separating service member will be entered on the DD Form 214.




DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his military records should be corrected to show his SSN as "567-XX-XXXX" was carefully considered.

2.  The evidence of record shows his SSN consistently appeared as
"264-XX-XXXX" on every document in his available service personnel and health records throughout his period of military service.  He authenticated his DD Form 214 and several of these documents requiring his signature by placing his signature in the appropriate blocks.

3.  Based on the Social Security Card from the Social Security Administration, his SSN is currently "567-XX-XXXX"; however, it is not the SSN he used when he served on active duty, and this does not change the conditions and circumstances that existed at the time his service records were created.

4.  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 now record his current SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

5.  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 in his military record and to satisfy his desire to have the SSN he currently uses documented in his OMPF.

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)                                         AR20140004032



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ABCMR Record of Proceedings (cont)                                         AR20140004032



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