IN THE CASE OF:
BOARD DATE: 12 November 2014
DOCKET NUMBER: AR20140005681
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 own social security number (SSN).
2. The applicant states he used his brother's SSN throughout his entire enlistment in the Regular Army.
3. The applicant provides a copy of Form SSA-2458 (Report of Confidential Social Security Benefit Information), dated 28 March 2014.
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. On 25 June 1976, the applicant enlisted in the Regular Army using an SSN different from that shown on the Form SSA-2458 he has provided.
3. A review of his military records failed to show any document using the SSN he now claims to be correct. The following documents indicate he used the same SSN throughout his entire enlistment:
* A DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), dated 14 April 1976
* A DD Form 4, dated 7 January 1980
* Orders 218-78, Presidio of San Francisco, dated 5 November 1982
* DA Form 2-1 (Personnel Qualification Record - Part II)
* DD Form 214, ending on 16 December 1982
4. On 16 December 1982, he was discharged from active duty. Item 3 (SSN) of the DD Form 214 he was issued at the time of his separation shows the same SSN that appears throughout his military records.
5. Army Regulation 635-5 (Separation Documents) as then in effect, required the SSN to be entered in Item 3 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show his own SSN.
2. The evidence of record clearly shows he enlisted in the Regular Army in 1976 and he reenlisted in 1980. He used the same SSN throughout his entire period of military service.
3. The Army has an interest in maintaining the accuracy 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.
4. He 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 in regard to the difference in his current SSN and the one recorded in his military record, and to satisfy his desire to have his current SSN documented in his record.
5. In view of the above, the applicants request should be denied.
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) AR20140005681
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ABCMR Record of Proceedings (cont) AR20140005681
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