BOARD DATE: 26 March 2015
DOCKET NUMBER: AR20140014236
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 (Armed Forces of the United States Report of Transfer or Discharge) to show that the last four digits of his social security Number (SSN) are "2192" instead of "2182."
2. The applicant states that his DD Form 214 incorrectly shows the last four digits of his SSN are "2182" when in fact they are "2192."
3. The applicant provides copies of his drivers license, social security card and DD Form 214.
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 was inducted on 18 April 1967. At the time of his induction he indicated that the last four digits of his SSAN were "XX8X" and his records were prepared accordingly.
3. He completed his basic training at Fort Benning, Georgia and his advanced individual training as a cannoneer at Fort Sill, Oklahoma before being transferred to Fort Irwin, California for his first assignment.
4. On 5 March 1968, he was transferred to Vietnam with his unit and remained there until 4 March 1969 when he was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) on 5 March 1969 as an overseas returnee. He had served 1 year, 10 months and 17 days of active service and his DD Form 214 issued at the time of his REFRAD shows his SSN ending in the last four digits of "2182."
5. A review of his records shows that all of the documents contained in his records, to include those completed by the applicant, contain the SSN that is reflected on his DD Form 214.
6. The social security card submitted by the applicant shows that the last four digits of his SSN are "2192."
7. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. At the time of the applicants induction, he provided the SSN that is reflected on his DD Form 214 and all other documents contained in his military record. He has not offered any explanation as to why he served under an SSN other than that which is listed on his social security card. Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief.
2. For historical purposes, the Army has an interest in maintaining the accuracy 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 in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his official records. 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 official records.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__x______ __x______ _x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
__________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) AR20140014236
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ABCMR Record of Proceedings (cont) AR20140014236
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