IN THE CASE OF:
BOARD DATE: 28 October 2014
DOCKET NUMBER: AR20140005319
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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as "XX9-XX-XXXX" instead of "XX4-XX-XXXX."
2. The applicant states the SSN on his DD Form 214 is in error, and it should be corrected to "XX9-XX-XXXX."
3. The applicant provides his DD Form 214 and his 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 DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 10 November 1983 for a period of 6 years. It also shows he was discharged from the USAR DEP and he enlisted in the Regular Army on 11 January 1984 for a period of 4 years. His SSN is shown on this form as "XX4-XX-XXXX."
3. On 22 July 1986, he was discharged. The DD Form 214 he was issued at that time shows his SSN as "XX4-XX-XXXX."
4. All of his service personnel records show his SSN as "XX4-XX-XXXX."
5. He provides a copy of his social security card that shows his SSN as
"XX9-XX-XXXX."
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the SSN shown on his DD Form 214 is incorrect.
2. The evidence of record shows he recorded his SSN as "XX4-XX-XXXX" when he enlisted in the USAR, and subsequently upon his enlistment in the Regular Army in 1984. He used this SSN exclusively throughout his military service. His DD Form 214 that shows he was discharged in 1986 records this same SSN.
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 he now desires to record his requested 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.
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 SSN recorded in his military records and to satisfy his desire to have his current SSN documented.
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 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) AR20140005319
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ABCMR Record of Proceedings (cont) AR20140005319
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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