BOARD DATE: 6 January 2015
DOCKET NUMBER: AR20140008709
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 (Certificate of Release or Discharge from Active Duty) to show his SSN as "XXX-XX-XX2X" instead of "XXX-XX-XX6X."
2. The applicant states at the time of entry and discharge his SSN was incorrect.
He didn't realize the error until he went to the Social Security Administration.
3. The applicant provides copies of a DA Form 2496 (Disposition Form) and his 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 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 enlisted in U.S. Army Reserve Delayed Entry Program (DEP) on 22 June 1982. He was discharged from the DEP on 11 August 1982 and he enlisted in the Regular Army (RA) on 12 August 1982. His military records contain the following:
* DD Form 1966/7 (Application for Enlistment Armed Forces of the United States), dated 22 June 1982, which lists his SSN as "XXX-XX-XX6X"; however, a pen and ink change shows a number 6 was overlayed over eighth digit number 2 item 40e (Data Verification by Recruiter Social Security Account Number) shows his SSN was verified by his social security card and W-2 (Wage and Tax Statement)
* DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 22 June 1982, which lists his SSN as "XXX-XX-XX6X"
* DD Form 93 (Record of Emergency Data), dated 22 June 1982, which lists his SSN as "XXX-XX-XX6X"
* DA Form 2-1 (Personnel Qualification Record Part II), dated 16 August 1982, which lists his SSN as "XXX-XX-XX6X"
3. He provided a copy of a DA Form 2496, dated 15 September 1982, which lists his SSN as "XXX-XX-XX6X."
4. Orders Number 266-42, issued by Headquarters, U.S. Army Training Center, Fort Dix, NJ, on 23 September 1982, reassigned him to the separation transition point. The orders list his SSN as "XXX-XX-XX6X."
5. He was discharged from active duty on 1 October 1982. Item 3 of his DD Form 214 and discharge Orders Number 274-270 list his SSN as "XXX-XX-XX6X."
6. His record is void of any evidence he attempted to correct his SSN during his period of active duty service.
7. He also provided a copy of his social security card which lists his SSN as "XXX-XX-XX2X."
8. 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.
DISCUSSION AND CONCLUSIONS:
1. Documents contained in his military records show he served in the DEP and RA with the SSN "XXX-XX-XX6X." There is no evidence of record and he did not provide sufficient evidence to show the SSN listed on his 1982 DD Form 214 was not the SSN he claimed at the time. Absent convincing independent and verifiable evidence to the contrary, it is presumed that those documents, to include his 1982 DD Form 214, were correct at the time they were prepared. Therefore, there is an insufficient evidentiary basis to grant him relief.
2. 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.
3. 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 DEP and RA.
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) AR20140008709
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ABCMR Record of Proceedings (cont) AR20140008709
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