BOARD DATE: 12 March 2015
DOCKET NUMBER: AR20140012895
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 (Certificate of Release or Discharge from Active Duty) to show his Social Security Number (SSN) as "02X-XX-XXXX" vice "01X-XX-XXXX."
2. The applicant states his parents gave him the SSN "01X-XX-XXXX" when he was a child; however, it was the wrong number.
3. The applicant provides 2 copies of his DD Form 214, a copy of his DA Form 2962 (Security Termination Statement), dated 8 November 1982, and a printout from the Social Security Administration (SSA), dated 14 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. The applicant enlisted in the Regular Army on 23 November 1979.
3. All of the documents in his military record that contain an SSN show his SSN as "01X-XX-XXXX." These documents included the following:
* DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States), 23 November 1979
* DA Form 873 (Certificate of Clearance and/or Security Determination), dated 24 December 1980
* Department of Veterans Affairs (VA) Form 29-8286 (Servicemen's Group Life Insurance Election), dated 13 March 1980 and 25 May 1982
* DD Form 93 (Record of Emergency Data), dated 13 March 1980, 28 May 1980, and 25 May 1982
* DA Form 2-1 (Personnel Qualification Record-Part II), dated 25 May 1982
He verified each of these documents with his signature, indicating he had reviewed the data contained on the form to include his SSN listed as "01X-XX-XXXX."
4. His records do not contain any evidence that shows he changed or attempted to change his SSN during the period of his military service.
5. On 19 November 1982, he was honorably released from active duty. His DD Form 214 shows his SSN as "01X-XX-XXXX."
6. Orders Number D-11070734, issued by the U.S. Army Reserve Personnel Center, St. Louis, Missouri on 21 November 1985, shows he was honorably discharged from the Ready Reserve effective 22 November 1985. These orders show his SSN as "01X-XX-XXXX."
7. He provides a letter from the SSA that shows his SSN as "02X-XX-XXXX."
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. 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 request for correction of his DD Form 214 to show a different SSN was carefully considered.
2. There is no evidence of record that shows the applicant ever used the SSN "02X-XX-XXXX" during his period of military service. The only evidence that shows he had an incorrect SSN is the letter he provided from the SSA, which is dated after the period of his military service had ended.
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. While it is understandable that 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 Army's records at this late date.
4. In view of the foregoing, there is an insufficient evidentiary 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.
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