BOARD DATE: 2 April 2015
DOCKET NUMBER: AR20140015333
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) to show a social security number (SSN) of XXX-46-XXXX.
2. The applicant states he needs the DD Form 214 corrected for future uses.
3. The applicant provides copies of his DD Form 214, social security card, driver's license, and a formal "Declaracion Jurada" (sworn statement/affidavit).
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 Soldier served on active duty in the Regular Army from 1 October 1975 through 29 August 1978, attaining the rank of specialist four (E-4).
3. His enlistment contract and all other documents in his official record show an SSN of XXX-58-XXXX. There are no documents in the available military records showing any other SSN.
4. The driver's license and social security card provided show an SSN of XXX-46-XXXX.
5. The applicant provided a notarized statement (in Spanish) wherein he stated that his assigned SSN is XXX-46-XXXX and that he needs both his DD Form 214 and his Department of Veterans Affairs records corrected to that number.
DISCUSSION AND CONCLUSIONS:
1. The available record contains no reference to any SSN other than
XXX-46-XXXX. The applicant has offered no explanation as to why an incorrect SSN may have been used, and he completed several of the documents in his record in his own hand. Therefore, there is no 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.
3. The applicant is advised that a copy of this decisional document will be filed in the official record. This should serve to clarify any questions or confusion in regard to the SSN recorded in his record and the SSN he now uses.
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) AR20140015333
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ABCMR Record of Proceedings (cont) AR20140015333
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