IN THE CASE OF:
BOARD DATE: 3 March 2015
DOCKET NUMBER: AR20140012813
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 (Report of Separation from Active Duty) to show his social security number (SSN) as "XXX-X2-XXXX" instead of "XXX-X0-XXXX."
2. The applicant states his SSN was recorded incorrectly due to a typographical error.
3. The applicant provides a Medicaid Proof of Eligibility document and a copy of his social security card, issued on 2 July 2014.
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. On 12 February 1969, the applicant completed a DD Form 398 (Statement of Personal History) in which he listed the SSN he claims is incorrect.
3. On 18 February 1969, he enlisted in the Regular Army. His DD Form
4 (Enlistment Contract-Armed Forces of the United States) shows the SSN he claims is incorrect.
4. A review of his Official Military Personnel File (OMPF) reveals he served under the SSN he claims is incorrect throughout his entire military service. There is no evidence in his OMPF that shows he ever listed the SSN he now claims is correct.
5. On 21 November 1973, he was released from active duty. His DD Form 214 shows the SSN he claims is incorrect.
6. He provided a Medicaid Proof of Eligibility document and a copy of his social security card, issued on 2 July 2014, which show the SSN he claims is correct.
7. Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show a different SSN has been carefully considered.
2. The evidence of record shows he listed the contested SSN "XXX-X0-XXXX," throughout his entire period of military service. He did not list the requested SSN at any point during his period of military service.
3. 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 evidence showing a material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable the applicant now desires to record a different SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. The applicant is advised that a copy of this decisional document will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record 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) AR20140012813
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ABCMR Record of Proceedings (cont) AR20140012813
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