IN THE CASE OF:
BOARD DATE: 30 December 2014
DOCKET NUMBER: AR20140007113
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as "XXX-XX-XXX9" instead of "XXX-XX-XXX5."
2. The applicant states his DD Form 214 shows an incorrect SSN.
3. The applicant provides his DD Form 214, verification letter from the Social Security Administration (SSA), and Honorable Discharge Certificate.
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 enlisted in the Regular Army on 11 May 1960. His DD Form 4 (Enlistment Record - Armed Forces of the United States) identified him by his Service Number but also contained a typed entry in the top right hand corner of this form. The SSN is typed as "XXX-XX-XXX5."
3. His DA Form 24 (Service Record) and subsequent DA Form 20 (Enlisted Qualification Record) which were created upon his entry on active duty listed his SSN as "XXX-XX-XXX5."
4. He was honorably released from active duty on 10 May 1963. Item 32 (Remarks) of his DD Form 214 shows his SSN as "XXX-XX-XXX5."
5. He provides:
* Honorable Discharge Certificate, dated 30 April 1966, that lists his name and Service Number
* A letter from the SSA and a breakdown of his annual SSA benefits, identifying him by name and an SSN that ends with the number 9
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows upon his enlistment in the Regular Army the applicant was identified by his Service Number and the SSN "XXX-XX-XXX5." This SSN is consistent throughout his service and is the only SSN used during his military service. He did not use the requested SSN during his military service.
2. 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.
3. 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 the applicant desires to now record an SSN as it is recorded on the social security card he provided; there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
4. Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, was correct at the time and there is insufficient evidence to grant him relief in this case.
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) AR20140007113
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ABCMR Record of Proceedings (cont) AR20140007113
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