IN THE CASE OF: BAKER, BOBBY D.
BOARD DATE: 20 November 2014
DOCKET NUMBER: AR20140006848
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 records to show his social security number (SSN) as XXX-X6-0782 vice XXX-X4-8627.
2. The applicant states he believes it (incorrect SSN) was due to a clerical error.
3. The applicant provides his DD Form 214 (Report of Separation from Active Duty) and 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, and 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 27June 1974, the applicant enlisted in the Regular Army. Item 2 (Social Security Account Number) of his DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows his SSN as XXX-X4-8627.
3. A thorough review of all documents contained in his available military personnel records, many of which bear his signature, shows his SSN consistently appears as XXX-X4-8627.
4. He was released from active duty on 25 June 1976. His DD Form 214 shows his SSN as XXX-X4-8627. His record is void of any evidence that shows he used XXX-X6-0782 as his SSN during his period of service.
5. He provides his social security card which shows his SSN as XXX-X6-0782.
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 establishes standardized policy for preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. 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. All of the documents in his record show he used SSN XXX-X4-8627 when he served in an active duty status.
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. 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.
3. The applicant is advised that a copy of this decisional document will be filed in his record. This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military record and his current SSN.
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) AR20140006848
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ABCMR Record of Proceedings (cont) AR20140006848
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