BOARD DATE: 6 January 2015
DOCKET NUMBER: AR20140008405
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 (Report of Separation from Active Duty) to show his social security number (SSN) as XXX-XX-7XXX instead of XXX-XX-9XXX.
2. The applicant states:
* his SSN was incorrectly annotated on his DD Form 214
* he was homeless at the time he discovered the error
3. The applicant provides:
* social security card
* 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. On 7 April 1972, the applicant enlisted in the Regular Army. His DD Form 4 (Enlistment Contract Armed Forces of the United States) shows his SSN as XXX-XX-9XXX.
3. On 28 February 1975, the applicant was discharged from active duty under honorable conditions. His DD Form 214 shows his SSN as XXX-XX-9XXX.
4. Records show the applicant consistently used the SSN XXX-XX-9XXX throughout his service.
5. The applicant provided a copy of his social security card that shows his SSN as XXX-XX-7XXX.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide an individual with documentary evidence of his or her military service. It is important that information entered on the form is complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show his SSN as shown on his social security card was carefully considered.
2. There is no evidence the SSN shown on his social security card was ever recorded in his military records. The SSN shown on his separation document is the same SSN shown throughout his other service documents.
3. 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. 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 his current SSN, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
4. Absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including his DD Form 214, were correct at the time of preparation. Therefore, there is insufficient evidence with which to grant him the requested relief.
5. A copy of this decisional document will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military records and the SSN shown on his social security card.
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 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) AR20140008405
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