IN THE CASE OF:
BOARD DATE: 30 October 2014
DOCKET NUMBER: AR20140005142
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Social Security Number (SSN) that is depicted on his Social Security Card.
2. The applicant states that his DD Form 214 contains an incorrect SSN.
3. The applicant provides copies of 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 was inducted on 1 April 1968. At the time of his induction his records, to include those completed by the applicant, contain the SSN that is reflected on his DD Form 214.
3. He completed his basic training at Fort Bragg, NC and his advanced individual training as a cook at Fort Jackson, S C before being transferred to Vietnam on
31 August 1968.
4. He departed Vietnam on 28 August 1969 for assignment to Fort Huachuca, AZ where he remained until he was honorably released from active duty (REFRAD) on 17 April 1970. His DD Form 214 issued at the time of his REFRAD reflects the SSN that he served under during his entire period of service.
5. A review of his official records failed to reveal that he used the SSN on his Social Security Card at any point in his military career.
6. On 1 July 1969, the Army discontinued the issuance and use of the military service number and began using the SSN for identification. Prior to 1 July 1969, service members were not required to maintain an SSN in their record; however, they were usually recorded when provided by the individual Soldier.
7. Army Regulation 635-5 (Separation Documents) at the time served as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation. Changes that occur subsequent to the date the DD Form 214 are issued are not authorized for entry on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant's DD Form 214 reflects the SSN that was used throughout his entire period of service. The applicant has offered no explanation as to why he served under an SSN that is different from his current SSN for his entire period of service. Therefore, there is no evidence of record or independent evidence that suggests his military record exhibits a material error or injustice.
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 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.
3. 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 his current SSN 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) AR20140005142
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ABCMR Record of Proceedings (cont) AR20140005142
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