BOARD DATE: 8 January 2015
DOCKET NUMBER: AR20140009773
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-3x-xxxx" instead of "xxx-5x-xxxx."
2. He states his SSN was listed incorrectly.
3. He provides his DD Form 214 and 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 was inducted into the Army of the United States on 10 July 1962. At the time of induction he was assigned a military service number that was primarily used for identification purposes.
3. The majority of the documents contained in his record show his assigned military service number; however, his record contained the following two documents reflecting an SSN of "xxx-5x-xxxx."
* DA Form 24 (Service Record)
* DA Form 20 (Enlisted Qualification Record)
4. His record is void of any documents containing the SSN of xxx-3x-xxxx.
5. He was honorably released from active duty on 23 June 1964. The
DD Form 214 he was issued at the time shows his SSN as "xxx-5x-xxxx."
6. Letter Orders 1851, dated 19 May 1965, from the U.S. Army Reserve show he was ordered to active duty training. These letter orders show his SSN as xxx-5x-xxxx.
7. The applicant provides his social security card that shows his SSN as "xxx-3x-xxxx."
8. Army Regulation 635-5 (Separation Documents) at the time stated that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's SSN throughout his service and at the time he was released from active duty was shown as xxx-5x-xxxx. There is no evidence of record that shows he ever presented his new SSN or used this SSN during his active service. Therefore, there is an insufficient basis for changing his SSN on his DD Form 214.
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. While it is understandable the applicant desires to now record his correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. 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.
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) AR20140009773
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ABCMR Record of Proceedings (cont) AR20140009773
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