IN THE CASE OF:    

		BOARD DATE:  6 November 2014	  

		DOCKET NUMBER:  AR20140005312 


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 item 3 (social security number (SSN)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending on 3 July 1992.

2.  The applicant states:

   a.  In effect, his DD Form 214 incorrectly lists his SSN as "XXX-XX-X9XX" and it should be listed as "XXX-XX-X5XX."  When he enlisted in the U.S. Army Reserve (USAR), he requested a social security card in order to verify his SSN for enlistment.  He thought the SSN listed on the card he had in his possession at the time was his SSN.  However, it was actually incorrect by one number (7th digit) and read "XXX-XX-X9XX."

   b.  This social security card was the one he had since he was a young kid, so he always thought that was his SSN.  In 1994 or 1995, following his expiration of term of service from the USAR, the SSN mistake was caught by the Social Security Administration when he applied for his first post USAR/U.S. Army civilian job.  It was corrected at that time.  He is providing a copy of the social security card he was issued after the correction was made.

3.  The applicant provides copies of the following:

* DD Form 214, for the period ending 3 July 1992
* letter from the Department of Veterans Affairs (VA)

* letter from the Army Review Boards Agency (ARBA)
* 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in USAR on 27 January 1983.  His military records contain the following:

   a.  DD Form 1966/1 (Application for Enlistment – Armed Forces of the United States), dated 18 January 1983, which lists his SSN as "XXX-XX-X9XX."  Item 40e (Data Verification by Recruiter – Social Security Account Number) of this form shows his SSN was verified by his state driver's license.

   b.  A State of Idaho Department of Transportation Driver Services form, dated 26 January 1983, which lists his SSN as "XXX-XX-X9XX."

   c.  A DA Form 3072-1A (Request for Waiver of Disqualification for Enlistment/Reenlistment in the Regular Army for Personnel Applying from Civilian Life), dated 26 January 1983, which lists his SSN as "XXX-XX-X9XX."

   d.  A DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States) which lists his SSN as "XXX-XX-X9XX."

3.  He entered active duty for training (ADT) on 15 March 1983.  He was released from ADT on 22 June 1983 and he was transferred to a Reserve unit.  Item 3 of his DD Form 214 lists his SSN as "XXX-XX-X9XX."

4.  He enlisted in the Idaho Army National Guard (IDARNG) on 9 May 1985.  His records also contain the following:

* DD Form 93 (Record of Emergency Data), dated 8 May 1985, which lists his SSN as "XXX-XX-X9XX"
* DD Form 4/1, dated 9 May 1985, which lists his SSN as "XXX-XX-X9XX"
* DA Form 2-1 (Personnel Qualification Record – Part II), dated 9 May 1985, which lists his SSN as "XXX-XX-X9XX"

5.  He was released from the IDARNG on 7 April 1988 and was transferred to the USAR Control Group (Annual Training).  Item 3 (SSN) of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) lists his SSN as "XXX-XX-X9XX."

6.  He reenlisted in the USAR on 12 December 1988.  His records further contain a DD Form 4/1, dated 23 December 1988, which lists his SSN as "XXX-XX-X9XX."

7.  He was ordered to active duty in support of Operation Desert Shield/Desert Storm and entered active duty on 18 August 1991.  He was released from AD on 3 July 1992 and was transferred to a USAR unit.  Item 3 of his DD Form 214 lists his SSN as "XXX-XX-X9XX."

8.  Orders Number 0-05-042909, issued by the USAR Personnel Center, St. Louis, MO on 2 May 1989, discharged him from the USAR effective 8 May 1989. The orders list his SSN as "XXX-XX-X9XX."

9.  He provided copies of the following:

   a.  A letter, dated 23 September 2013, wherein the VA advised him that there was evidence of a discrepancy in his SSN.  The number he provided was conflicting with the number the Social Security Administration had of record and to provide them with his SSN on the enclosed Statement in Support of Claim.

   b.  A letter, dated 13 November 2013, wherein ARBA advised him that they were notified by the National Archives and Records Administration that his records were unavailable and the ABCMR had closed his case without further action.  Since his records were unavailable they requested he wait at least 90 days before submitting a new application to the ABCMR.

   c.  His social security card which lists his SSN as "XXX-XX-X5XX."

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation stated item 3 would list the SSN verified in the Soldier's records.

DISCUSSION AND CONCLUSIONS:

1.  Documents contained in his military records show he served in the USAR, IDARNG, and on active duty using the SSN "XXX-XX-X9XX."  There is no evidence of record and he did not provide sufficient evidence to show the SSN listed on his 1992 DD Form 214, or for that matter his 1983 DD Form 214, 1988 NGB Form 22, and 1989 USAR discharge orders was not the SSN he claimed at the time.  

2.  Absent convincing independent and verifiable evidence to the contrary, it is presumed that those documents, to include his 1992 DD Form 214, were correct at the time they were prepared.  Therefore, there is an insufficient evidentiary basis to grant him relief.

3.  For historical purpose, 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 showing a material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable that he now desires to record his current SSN on his 1992 DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.  

4.  A copy of this decisional document will be filed in his records to clarify the difference between his current SSN and the SSN used during his periods of service in the USAR, IDARNG, and on AD.

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)                                         AR20140005312



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ABCMR Record of Proceedings (cont)                                         AR20140005312



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