IN THE CASE OF:
BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140009444
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-7645.
2. The applicant states he had not looked at his DD Form 214 since his release from service and didn't notice the error until it was brought to his attention by personnel at the Department of Veterans Affairs (VA).
3. The applicant provides certified copies of a DD Form 214 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 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 served on active duty with the Regular Army from 22 May 1967 through 2 March 1970. He served in Vietnam from 3 March 1969 to 2 March 1970.
3. During the period of his service the principle identification number utilized was the Army Service Number. A review of his records shows that all documents that contain an SSN, either typed or handwritten, show that SSN as XXX-XX-7416. There are no documents in the available military records showing any other SSN.
4. The social security card he provides shows his SSN as XXX-XX-7645.
DISCUSSION AND CONCLUSIONS:
1. The available record contains no reference to any SSN other than
XXX-XX-7416. The applicant has offered no explanation as to why an incorrect SSN may have been used, considering the fact that he completed several of the documents in his record in his own hand. Therefore, there is no basis for granting the applicant's requested relief.
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.
3. The applicant is advised that a copy of this decisional document will be filed in the official record. This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded.
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) AR20140009444
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ABCMR Record of Proceedings (cont) AR20140009444
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