IN THE CASE OF:
BOARD DATE: 17 March 2015
DOCKET NUMBER: AR20140013631
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 the social security number (SSN) listed in item 3 (SSN) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. He states his correct SSN is XXX-XX-5214. He believes he made the error at some point early in his military service.
3. He provides copies of his social security card and his Georgia driver's license.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3Â 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 was commissioned in the U.S. Army Reserve (USAR) as a second lieutenant (2LT)/O-1 on 17 September 1973.
3. On 10 July 1978, the applicant was ordered to active duty service as a Medical Corps Officer. On 11 February 1980, he was honorably discharged as a captain (CPT)/O-3. Item 3 of his DD Form 214 shows his SSN as XXX-XX-5124.
4. The applicantÂ’s record shows his SSN XXX-XX-5124 on the following documents:
* DD Form 214
* DA Form 2-1 (Personnel Qualification Record)
* DA Form 428 (Application for Identification Card)
5. A review of his military service records failed to reveal any documents showing his SSN was recorded as XXX-XX-5214 during his military service.
6. He provides his social security card which shows his SSN is XXX-XX-5214. The card was issued on 28 May 2014.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, stated for item 3 of the DD Form 214 to check records with the separatee's social security card when possible. Otherwise, verify the accuracy of the SSN of record.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served under SSN XXX-XX-5124 throughout his military service. Based on the available evidence, the SSN he was commissioned with was the correct SSN during his military service.
2. He provides a copy of a social security card dated 28 May 2014. There is no evidence that the SSN shown on this card was ever entered in his military records.
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 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 at this late date.
4. The applicant is advised that a copy of this decisional document will be filed in his official military personnel file. This should serve to clarify any questions or confusion with regard to the difference in the SSN recorded in his military record and that 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) AR20140011641
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