IN THE CASE OF:
BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140010907
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 that his military records be corrected to show that the last digit of his Social Security Number (SSN) is a 6 instead of a 0.
2. The applicant states his military records incorrectly reflect the last digit of his SSN is a 0 instead of a 6.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty) and a statement from the Social Security Administration.
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 enlisted in the Regular Army on 29 November 1976 for a period of 3 years, training as an infantryman and assignment to the 196th Infantry Brigade. At the time of his enlistment he provided a Form SSA-5028 (Receipt for Application for Social Security Number) indicating his SSN is the SSN reflected in his official records. This document is signed by a Social Security Administration official.
3. He completed his basic training at Fort Jackson, South Carolina and his advanced individual training as an infantryman at Fort Benning, Georgia before being transferred to Panama on 28 March 1977.
4. The applicant served under the SSN that is reflected in his records until he was discharged under honorable conditions on 13 November 1978, under the provisions of Army Regulation 635-200, paragraph 5-11 and the Expeditious Discharge Program. He had served 1 year, 11 months and 6 days of active service.
5. The document provided by the applicant from the Social Security Administration is dated 10 June 2014 and indicates the applicants SSN ends with the last digit of 6.
6. Army Regulation 635-5 (Separation Documents) at the time served as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation. Changes that occur subsequent to the date of separation will not be entered on that form retroactively unless the change occurred during the period covered by that form and the change was approved by the appropriate authority.
DISCUSSION AND CONCLUSIONS:
1. The applicants records reflect the SSN in which he was enlisted under and served under until the time he was discharged. All of the documents contained in his records reflect the SSN that he provided at the time of his enlistment, which was verified by the Social Security Administration.
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 change his 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 along with his application 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 current SSN documented in his official records. Accordingly, there is no basis for granting the applicant's 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 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) AR20140010907
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ABCMR Record of Proceedings (cont) AR20140010907
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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