IN THE CASE OF:
BOARD DATE: 4 December 2014
DOCKET NUMBER: AR20140006092
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, in effect, correction of item 3 (Social Security Number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show "0XX-3X-5XX6" instead of "4XX-5X-9XX9."
2. The applicant states the Social Security Administration has no record of him serving and they are denying him additional benefits for being a veteran. He needs the correct SSN on his DD Form 214. He recently discovered the error and it is costing him additional social security benefits.
3. The applicant provides copies of his DD Form 214 and Medicare Health Insurance 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 was inducted into the Army of the United States on 28 July 1965. At the time of his induction, he was assigned and identified with a service number starting with "US" for United States. His military record contains the following documents which do not list his SSN:
* DD Form 47 (Record of Induction), dated 28 July 1965
* DA Form 41 (Record of Emergency Data), dated 28 July 1965
* DA Form 20 (Enlisted Qualification Record), dated 4 December 1966
3. He was released from active duty on 25 July 1967 and was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). Item 3 of his DD Form 214 lists his SSN as of "4XX-5X-9XX9."
4. Letter Orders Number 07-1135081, dated 14 July 1971, discharged him from the USAR on 27 July 1971. These orders list his SSN as "4XX-5X-9XX9."
5. He provided a copy of his Medicare Health Insurance card which shows his SSN as "0XX-3X-5XX6."
6. 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.
DISCUSISON AND CONCLUSIONS:
1. The evidence of record shows the applicant served in the AUS and USAR with the SSN of 4XX-5X-9XX9." It appears he began using the SSN "0XX-3X-5XX6 after his separations. There is no evidence of record and he did not provide sufficient evidence to show item 3 of his DD Form 214 contains an error.
2. Absent convincing independent and verifiable evidence to the contrary, it is presumed that his DD Form 214 was correct at the time it was 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 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 AUS and USAR.
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) AR20140006092
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ABCMR Record of Proceedings (cont) AR20140006092
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