IN THE CASE OF:
BOARD DATE: 18 November 2014
DOCKET NUMBER: AR20140006220
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 (Certificate of Release or Discharge from Active Duty) be corrected to show his correct Social Security Number (SSN).
2. The applicant states his DD Form 214 reflects an incorrect SSN.
3. The applicant provides copies of his Social Security Card and DD Form 214.
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 military records are not available for review. However, the applicant has provided sufficient documents to conduct a fair and impartial review of this case.
3. The DD Form 214 provided by the applicant is of poor quality and shows that he entered active duty on 29 March 1965 and was discharged under honorable conditions on 29 November 1966 for unsuitability under the provisions of Army Regulation 635-212.
4. His DD Form 214 contains a SSN ending in the numeral 1 and his Social Security Card contains the last digit of 6. The DD Form 214 provided by the applicant was not published until November 1988, 22 years after the applicants discharge.
5. 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 Soldier.
6. 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.
DISCUSSION AND CONCLUSIONS:
1. In the absence of evidence to show otherwise, it must be presumed that the applicant provided the SSN that is contained on the DD Form 214 he has provided and he has provided no evidence to show the original SSN entered in his records was in error or an explanation as to why he used the SSN in question. There is also no explanation as to how he obtained the DD Form 214 in question as it does not match the period of service reflected.
2. For historical purposes, 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
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) AR20140006220
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ABCMR Record of Proceedings (cont) AR20140006220
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