IN THE CASE OF:
BOARD DATE: 17 March 2015
DOCKET NUMBER: AR20140014183
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 all military personnel files and records, to include his DD Form 214 (Report of Separation from Active Duty), to show his social security number (SSN) as 244-XX-XXXX instead of 344-XX-XXXX.
2. The applicant states his DD Form 214, all service medical records, and his paperwork with the Department of Veterans Affairs (VA) incorrectly show his SSN as 344-XX-XXXX.
3. The applicant provides a copy of his DD Form 214 and his social security card.
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 19 June 1974. All documents associated with his entry on active duty show his SSN as 344-XX-XXXX, as do virtually all other documents in his official military personnel file (OMPF). One document, however, was found to contain the SSN he contends is correct.
3. On 27 July 1977, he was honorably released from active duty. His
DD Form 214 shows his SSN as 344-XX-XXXX.
4. He provides a copy of his social security card, which shows his SSN as
244-XX-XXXX.
DISCUSSION AND CONCLUSIONS:
1. A thorough review of the applicant's OMPF indicates he used the SSN
344-XX-XXXX throughout his active military service. There is, however, one document from that period that shows the SSN he contends is correct. Based upon this document, it would be appropriate to correct his DD Form 214 to show the SSN shown on his social security card.
2. The ABCMR normally limits corrective action to those Army documents that can be individually reviewed after a Soldier's separation, such as the DD Form 214. Other documents maintained in the OMPF are a snapshot of various events as they occurred in the Soldier's active duty career, and were used solely as internal management tools. As such, documents other than the DD Form 214 are not normally accessible after separation and therefore should not be corrected. This Record of Proceedings and a DD Form 215 (Correction to
DD Form 214) will be filed in his OMPF as evidence of his correct SSN.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ___x____ ___x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 27 July 1977, to show the SSN listed on his social security card.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending all other documents in the applicant's OMPF to show the SSN listed on his social security card.
_______ _ 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) AR20140014183
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