IN THE CASE OF:
BOARD DATE: 19 March 2015
DOCKET NUMBER: AR20140014152
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) for the period ending 15 May 1975 to show his social security number (SSN) as "067-XX-XXXX" and his date of birth (DOB) as "1 January 1958."
2. The applicant states he ran away from an abusive home at 16 years of age and enlisted under a made-up SSN. When the Army discovered this, they discharged him under his brother's information; however, his brother was serving in the Navy at the same time the applicant was being discharged.
3. The applicant provides:
* DD Form 214
* DD Form 4 (Enlistment Contract - Armed Forces of the United States)
* DA Form 2-1 (Personnel Qualification Record)
* social security card
* Florida Driver 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 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 provides records from the National Personnel Records Center that presumably shows he enlisted in the Regular Army (RA) on 10 June 1974.
3. Item 3 (SSN) of the DD Form 214 he submits shows an SSN of "122-XX-XXXX." Item 4 (DOB) of this document shows a DOB of "19 May 1955."
4. The applicant provides a copy of his social security card which shows his SSN as "067-XX-XXXX" and his driver license that shows his DOB as "1 January 1958."
5. His record contains a DD Form 214 that shows he enlisted in the RA on 1 February 1979 and served until he was discharged under other than honorable conditions on 21 April 1980. This document shows the following pertinent information:
* Item 1 (Name) M_____ M_____ J_______
* Item 3 (SSN) - 122-XX-XXXX
* Item 5 (DOB) - 580101
6. A thorough review of his record shows his name, SSN, and DOB consistently appear as shown on his DD Form 214 for the period ending 21 April 1980.
7. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation established standardized policy for the preparation of the DD Form 214. The regulation stated the complete name, SSN, and DOB of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant requests correction of a DD Form 214 to show the SSN and DOB as shown on his social security card and driver license, there is no evidence which shows he ever served in the Army using the SSN and DOB he requests.
2. 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 now record his correct SSN and DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. 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 in regard to the different SSN recorded in his military records and to satisfy his desire to have his correct SSN and DOB documented in his OMPF.
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) AR20140014152
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140014152
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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