IN THE CASE OF:
BOARD DATE: 24 February 2015
DOCKET NUMBER: AR20140012568
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-3435" instead of "XXX-XX-3534."
2. The applicant states:
* the incorrect SSN on his DD Form 214 is affecting his social security benefits
* a clerical error occurred when his DD Form 214 was processed
3. The applicant provides a copy of 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's military and medical records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. The case is being considered using the social security card provided by the applicant and reconstructed records from the National Personnel Records Center consisting of a DA Form 1 (Morning Report) and his DD Form 214.
3. On 7 August 1968, the applicant was inducted into the Army of the United States.
4. A DA Form 1, dated December 1970, lists the applicant's name and shows his SSN as "XXX-XX-3534."
5. On 19 December 1970, he was discharged under honorable conditions. He completed 1 year, 6 months, and 2 days of creditable active service and he accrued 314 days of lost time. Item 3 (SSN) of his DD Form 214 shows the entry "XXX-XX-3534."
6. The applicant provided a copy of his social security card that shows his name and lists his SSN as "XXX-XX-3435."
7. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show his SSN as shown on his social security card was carefully considered.
2. Regrettably, his records were burned in the National Personnel Records Center fire in 1973 and the aforementioned DA Form 1 is the only available evidence for verification of his SSN. This DA Form 1 shows his SSN as
"XXX-XX-3534."
3. 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.
4. While it is understandable that the applicant desires to record the SSN shown on his social security card in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records. Absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, were correct at the time and there is insufficient evidence to grant him relief in this case.
5. A copy of this decisional document will be filed in his 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 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) AR20140012568
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ABCMR Record of Proceedings (cont) AR20140012568
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