IN THE CASE OF:	  

		BOARD DATE:	  21 April 2015

		DOCKET NUMBER:  AR20140014132 


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 military service records to show his Social Security Number (SSN) as "XX7-XX-XXXX" instead of "XX2-XX-XXXX."

2.  The applicant states the recruiter recorded the wrong SSN in his military service records when he entered military service.

3.  The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and Social Security Administration (SSA) Form 2458 (Report of Confidential Social Security Benefit Information).

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.  A DD Form 1966 (Application for Enlistment – Armed Forces of the United States), prepared and certified by the applicant on 7 October 1980 and recertified by him on 5 January 1981, shows in the header section of pages 2 through 8, the entry "XX2-XX-XXXX."

3.  The applicant's DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows he enlisted in the U.S. Army Reserve (USAR) on 9 October 1980 for a period of 6 years and that he further enlisted in the Regular Army (RA) on 5 January 1981 for a period of 4 years.  The DD Form 4 shows the entry "XX2-XX-XXXX" in item 2 (SSN) and in the header section of pages 2 through 4 and that the applicant placed his signature on the document on 9 October 1980 and 5 January 1981.

4.  Documents in the applicant's military personnel records consistently show his SSN was recorded as ""XX2-XX-XXXX" throughout the period of his service.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 4 January 1985 and transferred to the USAR Control Group (Reinforcement).  It also shows the entry "XX2-XX-XXXX" in item 3 (SSN).

6.  Headquarters, USAR Personnel Center, St. Louis, MO, Orders D-01-002557, dated 7 January 1987, honorably discharged him from the USAR Ready Reserve effective 7 January 1987.  The orders show his SSN as "XX2-XX-XXXX."

7.  A review of the applicant's military personnel records failed to reveal evidence of a request for correction or change to his SSN during the period of military service under review.

8.  In support of his request the applicant provides a copy of an SSA Form 2458, dated 30 July 2014, that shows an authorized official at the Social Security Office, Hattiesburg, MS, verified he was given SSN "XX7-XX-XXXX" in 1975 when he was first issued a SSN.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.

	a.  The purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation.  Therefore, it is important that the information entered thereon is complete and accurate as of that date.

	b.  Chapter 1 (General) contained guidance for preparation of the DD Form 214.  It stated that all available records would be used as a basis for the preparation of the DD Form 214, including the Qualification Record and orders.  It shows for item 3, verify accuracy with the SSN of record.

DISCUSSION AND CONCLUSIONS:

1.  Records show that upon entry into the U.S. Armed Forces in 1980 the applicant reported his SSN as it is listed on his DD Form 214.  In addition, the SSN he reported as his SSN was consistently recorded in his military service records and on his DD Form 214.

2.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, it is concluded that the evidence provided by the applicant relating to his SSN is insufficient to warrant changing his military records and separation document.

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 no basis 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 (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have his correct SSN documented in his OMPF.

5.  In view of the foregoing, there is no basis for granting the 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.

ABCMR Record of Proceedings (cont)                                         AR20140014132



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ABCMR Record of Proceedings (cont)                                         AR20140014132



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