IN THE CASE OF:
BOARD DATE: 17 March 2015
DOCKET NUMBER: AR20140013664
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 social security number (SSN) listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. He states, in effect, that the incorrect SSN was used when he entered the military.
3. He provides his DD Form 214 and social security card, which was issued on 14 November 2011.
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 10 April 1985, the applicant enlisted in the California (CA) Army National Guard (CAARNG).
3. On 21 October 1985, the applicant entered active duty for training. He completed initial entry training and he was awarded military occupational specialty 31K (Combat Signaler).
4. The applicants record shows his SSN XXX-XX-6999 on the following documents:
* DA Form 20 (Enlisted Qualification Record)
* DD Form 4/1 (Enlisted/Reenlistment Agreement)
* Air Force Dependent Identification Card
5. His DD Form 214 shows that on 22 March 1986, he was released from active duty training. His SSN on his DD Form 214 is listed as XXX-XX-6999.
6. On 9 April 1988, the applicant was discharged from the CAARNG, with a general discharge.
7. He provides his social security card, issued on 14 November 2011, showing his SSN is XXX-XX-6933.
8. 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-6999 throughout his military service. Based on the available evidence, the SSN he enlisted with was the correct SSN during his military service.
2. The SSN he now claims is correct is shown on a social security card he provides that is dated 14 November 2011. There is no evidence that this SSN 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 current 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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140013664
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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