BOARD DATE: 3 March 2015
DOCKET NUMBER: AR20140011136
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, exercising a power of attorney on behalf of a former service member (FSM), requests correction of the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as XXX-XX-7XXX.
2. The applicant states the SSN as it appears on the FSM's DD Form 214 is incorrect. The FSM is currently in a nursing home and requires this correction in order to obtain Department of Veterans Affairs benefits, to include future burial benefits.
3. The applicant provides:
* VA correspondence, dated 16 June 2014
* DD Form 214
* social security card
* Social Security Administration (SSA) correspondence, dated 13 June 2014
* General Power of Attorney, dated 21 January 2009
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 request for the FSM's military service records was made of the National Personnel Records Center (NPRC). The NPRC completed its search efforts and made notification that records pertaining to the FSM could not be located.
3. The FSM's DD Form 214 shows he enlisted in the Regular Army on 7 October 1964 and he was honorably released from active duty on 20 September 1967. His DD Form 214 shows his SSN as XXX-XX-2XXX.
4. The applicant provided a copy of the FSM's social security card and SSA correspondence that show his SSN as XXX-XX-7XXX.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide an individual with documentary evidence of his or her military service. It is important that information entered on the form is complete and accurate.
6. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR will decide cases on the evidence of record. It is not an investigative body
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of the FSM's DD Form 214 to show his SSN as shown on his social security card was carefully considered.
2. There is no evidence the SSN shown on the FSM's social security card was ever recorded in his military records. As no other service records are available for review and the applicant has not provided any, there is no evidence the SSN shown on the FSM's separation document is not the same SSN the FSM used throughout his military service.
3. Absent convincing independent and verifiable evidence to the contrary, it is presumed that the SSN shown on the FSM's DD Form 214 was correct at the time of preparation. Therefore, there is insufficient evidence with which to grant the requested relief.
4. 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. 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 the FSM's current SSN, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
5. A copy of this decisional document will be filed in the FSM's official military records. This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military records and the SSN shown on his social security card.
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) AR20140011136
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