IN THE CASE OF:
BOARD DATE: 19 March 2015
DOCKET NUMBER: AR20140014305
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 his social security number (SSN) be corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 October 1985.
2. The applicant states his SSN on his DD Form 214 is incorrect due to military error.
3. The applicant provides:
* DD Form 214 with a separation date of 31 October 1985
* an SSN printout, dated 11 July 2014, from the Social Security Administration (SSA)
* 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. On 2 December 1981, he enlisted in the U.S. Army Reserve Delayed Enlistment Program (DEP). On 30 July 1982, he enlisted in the Regular Army for 3 years.
3. On 31 October 1985, he was released from active duty. His DD Form 214 shows his SSN as XXX-XX-8751.
4. On 4 December 1987, he enlisted in the U.S. Army Reserve (USAR). He completed a period of active service from 15 January 1988 to 25 March 1988. His DD Form 214 shows his SSN as XXX-XX-8751.
5. On 24 January 1990, he was assigned to the USAR Control Group (Reinforcement). On 5 December 1990, he was discharged from the USAR.
6. All documents in his OMPF show his SSN as XXX-XX-8751.
7. He provided a printout, dated 11 July 2014, from the SSA that states his SSN is XXX-XX-2754. This SSN is totally different than the SSN shown in his OMPF.
8. He provided his social security card that shows his SSN as XXX-XX-2754. This SSN is substantially different from the SSN shown in his OMPF.
9. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The printout from SSA and the social security card he submitted show his SSN substantially different from the SSN shown in his OMPF. His SSN is shown as XXX-XX-8751 throughout his OMPF. There is no evidence indicating that the SSN he claim is correct was ever recorded in his military records.
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. There is a reluctance to recommend that those records be changed.
3. The applicant is advised that a copy of this decisional document will be filed in his military records. This should serve to clarify any questions or confusion in regard to the difference between the SSN recorded in his military records 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) AR20140014305
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ABCMR Record of Proceedings (cont) AR20140014305
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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