IN THE CASE OF:
BOARD DATE: 27 January 2015
DOCKET NUMBER: AR20140009036
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-XX-XX65" instead of "XXX-XX-XX14."
2. The applicant states the SSN recorded in his military records was due to an administrative error.
3. The applicant provides copies of his Wisconsin Driver License, Social Security Card, and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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. A DD Form 398 (Statement of Personal History), prepared by the applicant on 30 January 1969, shows he entered "XXX-XX-XX14" in the SSN block.
3. The applicant's DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows he enlisted in the Regular Army on 30 January 1969 for a period of 2 years. It also shows in item 19 (SSN) the entry "XXX-XX-XX14" and that the applicant placed his signature on the document.
4. Documents in the applicant's military personnel record consistently show his SSN was recorded as "XXX-XX-XX14" throughout his period of service.
5. The applicant's DD Form 214 shows he was honorably separated from active duty on 27 April 1971 and placed on the Temporary Disability Retired List. It also shows the entry "XXX-XX-XX14" in item 3 (SSN).
6. In support of his application the applicant provides a copy of a Social Security Card showing his SSN as "XXX-XX-XX65." He also provides a copy of his Wisconsin Driver License that offers personal identification information; it does not show his SSN.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It established standardized policy for preparing and distributing the DD Form 214.
a. The purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation. Therefore, it is important the information entered thereon is complete and accurate as of that date.
b. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contained guidance for preparation of the DD Form 214. It stated that all available records would be used as a basis for preparation of the DD Form 214, including the Enlisted Qualification Record and orders. For item 3, it stated to transcribe the SSN from the DA Form 2139 (Military Pay Voucher).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the Social Security Card he provides supports his contention that his correct SSN is "XXX-XX-XX65."
2. Records show that upon entry into the U.S. Armed Forces the applicant affirmed his SSN was "XXX-XX-XX14."
3. The evidence of record shows the SSN the applicant reported as his SSN was consistently recorded in his military service records and on his DD Form 214.
4. Considering all the evidence and information presented by the applicant together with the evidence of record, applicable law, and regulations, it is concluded that the evidence provided by the applicant relating to his SSN is insufficient to warrant changing his military records and separation document.
5. 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. However, the applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have his correct SSN documented in his OMPF.
6. In view of the foregoing, there is no basis for granting the requested relief.
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) AR20140009036
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140009036
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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