IN THE CASE OF:	  

		BOARD DATE:	  30 April 2015

		DOCKET NUMBER:  AR20140015137 


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 "X68-XX-XXXX" instead of "X86-XX-XXXX."

2.  The applicant states that he lost his social security card before he enlisted in the Army.  He was issued a new card that had the second and third digits transposed.  He notified the Social Security Administration, but he did not receive a response and he has used that SSN for years.  He recently had the matter corrected and now wants his military records to show the correct SSN.

3.  The applicant provides copies of two letters.

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 23 February 1979, and recertified by him on 11 April 1979, shows in the SSN block and in the header section of pages 2 through 8, the entry "X86-XX-XXXX."  It also shows his SSN was verified by his social security card.

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 26 February 1979 for a period of 6 years and that he further enlisted in the Regular Army (RA) on 11 April 1979 for a period of 3 years.  The DD Form 4 shows the entry "X86-XX-XXXX" in item 2 (SSN) and in the header section of pages 2 through 4, and the applicant placed his signature on the document on
26 February 1979 and 11 April 1979.

4.  Two additional DD Forms 4 show he reenlisted in the RA on 26 October 1981 for a period of 3 years and on 29 August 1986 for a period of 5 years.  The DD Forms 4 shows the entry "X86-XX-XXXX" in item 2 and in the header section of page 2, and the applicant placed his signature on the documents on 
26 October 1981 and 29 August 1986, respectively.

5.  Documents in the applicant's military personnel records consistently show his SSN was recorded as ""X86-XX-XXXX" throughout his period of his service.

6.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was honorably discharged on 1 September 1991 based on expiration term of service.  It also shows the entry "X86-XX-XXXX" in item 3 (SSN).

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

8.  In support of his request the applicant provides the following documents.

   a.  Department of the Treasury, Internal Revenue Service (IRS), Ogden, UT, letter, dated 18 September 1996, that shows the IRS corrected the applicant's Taxpayer Identification Number (TIN) from "X86-XX-XXXX" to "X68-XX-XXXX" and advised the applicant to use the corrected TIN in the future.

   b.  Department of Veterans Affairs (VA), Tacoma, WA, letter, dated 13 August 2014, that shows the VA notified the applicant that he is currently receiving
VA compensation benefits under the incorrect SSN "X86-XX-XXXX."  However, based on his application, the VA identified his correct SSN as "X68-XX-XXXX" and took measures to correct his VA file number and SSN in the VA benefits systems to be consistent with other agencies.

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 enlistment contract, Enlisted Qualification Record and orders.  It shows for item 3, verify accuracy with the SSN of record.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows that upon entry into the U.S. Armed Forces in 1979 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)                                         AR20140015137



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ABCMR Record of Proceedings (cont)                                         AR20140015137



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