IN THE CASE OF:	  

		BOARD DATE:	  26 February 2015

		DOCKET NUMBER:  AR20140011916 


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-XX4X instead of XXX-XX-XX3X.

2.  The applicant states the SSN recorded in his military records is incorrect due to an administrative error.  He recently discovered the error when he applied for veterans' benefits.

3.  The applicant provides copies of his social security card, DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), and Department of Veterans Affairs (VA) records and correspondence.

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 27 August 1966, shows he entered XXX-XX-XX3X in the SSN block.

3.  The applicant was inducted into the U.S. Army on 13 September 1966.  At the time the applicant was inducted, the U.S. Armed Forces did not use the SSN for identification; he was issued a service number.

4.  Documents in the applicant's military personnel record show his SSN was exclusively recorded as XXX-XX-XX3X throughout his period of service.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 6 September 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training).  It also shows the entry XXX-XX-XX3X in item 3 (SSN).

6.  In support of his application the applicant provides a copy of a social security card, issued on 8 February 2013, showing his SSN as XXX-XX-XX4X.  He also provides copies of his VA records, including a Statement in Support of Claim, dated 19 February 2014, that shows he requested correction of the SSN in his VA records from XXX-XX-XX3X to XXX-XX-XX4X and that, as of 12 May 2014, his VA file number is XXX-XX-XX4X.

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 and VA records he provides supports his contention that his correct SSN is XXX-XX-XX4X.

2.  Records show that upon entry into the U.S. Armed Forces the applicant affirmed his SSN was XXX-XX-XX3X.

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 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)                                         AR20140011916



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ABCMR Record of Proceedings (cont)                                         AR20140011916



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