IN THE CASE OF:	  

		BOARD DATE:	  30 April 2015

		DOCKET NUMBER:  AR20140016142 


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 item 3 (Social Security Number (SSN)) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her SSN as "2XX-56-2XX6" instead of "5XX-56-2XX8."

2.  The applicant states her DD Form 214 has the incorrect SSN.  She applied to have this corrected about 6 years ago.`

3.  The applicant provides a copy of her 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.


2.  The applicant enlisted in Regular Army (RA) on 12 October 1979.  Her records contain the following:

* DD Form 1966/7 (Application for Enlistment – Armed Forces of the United States), dated 12 October 1979, which lists her SSN as "5XX-56-2XX8" as verified by a national service transcript
* DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 12 October 1979, which lists her SSN as "5XX-56-2XX8" 
* DD Form 93 (Record of Emergency Data), dated 12 October 1979, which lists her SSN as "5XX-56-2XX8"
* Enlistment/Travel Order Number 204-3, dated 12 October 1979, which lists her SSN as "5XX-56-2XX8"
* DA Form 2-1 (Personnel Qualification Record – Part II), dated 18 October 1979, which lists her SSN as "5XX-56-2XX8"

3.  She was released from active duty on 22 September 1980 and was transferred to the U.S. Army Reserve (USAR) Control Group.  Item 3 of her DD Form 214 lists her SSN as "5XX-56-2XX8."

4.  Her records also contain the following:

* DA Form 3725 (Army Reserve Status and Address Verification), dated 26 June 1981, wherein she advised Reserve officials that her correct SSN was "2XX-56-2XX6" instead of "5XX-56-2XX8"
* Letter, dated 28 May 1982, wherein the Director, Personnel Services, USAR Components Personnel and Administration Center, St. Louis, MO, advised her that in order to process her request she must furnish that office with a copy of her social security card
* DA Form 3725 (Army Reserve Status and Address Verification), dated 23 March 1982, wherein she advised Reserve officials of her name change due to marriage and that her correct SSN was "2XX-56-2XX6"
* Orders Number 0-10-064351 discharging her from the USAR on 11 October 1985; the orders list her SSN as "5XX-56-2XX8" and her married name

5.  She provided a copy of her social security card which lists her SSN as "2XX-56-2XX6."

6.  In a letter, dated 29 December 2010, in response to her request for correction of item 3 of her DD Form 214, the Chief, Case Management Division, ABCMR, 

advised her that she needed to provide a letter from the Social Security Administration (SSA) office to verify authentication of her SSN.  She did not respond to their July email to her requesting a letter from the SSA; therefore, her application was being returned without action.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation stated item 3 would list the SSN verified in the Soldier's records.

DISCUSISON AND CONCLUSIONS:

1.  Documents contained in her military records show she served in the RA and USAR with the SSN "5XX-56-2XX8."  It appears, in response to her two requests for correction of her SSN, Reserve officials did not initiate a system update of her SSN of record as a result of being unable to verify authentication of her SSN.  The ABCMR, in response to her previous request for correction of her SSN, returned her request without action as a result of non-receipt of the requested authentication of her SSN from the SSA.

2.  There is no evidence of record and she did not provide sufficient evidence to show the SSN listed on her 1980 DD Form 214 was not the SSN she claimed at the time.  Absent convincing independent and verifiable evidence to the contrary, it is presumed that those documents, to include her DD Form 214 and USAR discharge orders, were correct at the time they were prepared.  Therefore, there is an insufficient evidentiary basis to grant her relief.

3.  For historical purpose, 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 showing a material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable that she now desires to record her current SSN on her DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

4.  A copy of this decisional document will be filed in her records to clarity the difference between her current SSN and the SSN used during her periods of service in the RA and USAR.



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)                                         AR20140016142





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ABCMR Record of Proceedings (cont)                                         AR20140016142



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