BOARD DATE: 21 April 2015
DOCKET NUMBER: AR20140016306
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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as
XX3-XX-XXXX vice XX6-XX-XXXX.
2. The applicant states the SSN on his DD Form 214 is incorrect. He is having a hard time matching his DD Form 214 to other legal documents.
3. The applicant provides his DD Form 214 and 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. The applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 23 February 1980. His DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 23 February 1980, shows his SSN with the third digit as 6. He was discharged from the DEP on 4 March 1980.
3. On 5 March 1980, he enlisted in the Regular Army (RA). Page 4 of his DD Form 4, dated 5 March 1980, shows his SSN with the third digit as 6. He authenticated this form by placing his signature in the appropriate block on that date.
4. His DA Form 2-1 (Personnel Qualification Record) created upon his entry on active duty shows his SSN with the third digit as 6.
5. His record contains numerous orders, personnel, medical, and legal documents, to include a DA Form 41 (Record of Emergency Data), dated 16 November 1982, that all show his SSN with the third digit as 6. He authenticated many of these forms by placing his signature in the appropriate block.
6. He was honorably released from active duty on 7 March 1983 and he was transferred to the USAR. Item 3 (SSN) of the DD Form 214 he was issued shows his SSN with the third digit as 6.
7. The applicant provides his social security card wherein it shows his SSN with the third digit as 3.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms when the applicant enlisted in the USAR DEP and the RA he listed his SSN with the third digit as 6 and this is the SSN he used throughout his active duty service. His DD Form 214 correctly shows his SSN with the third digit as 6, the SSN he used at the time.
2. 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 a reluctance to recommend that those records be changed. While it is understandable that the applicant now desires to record the SSN he now uses in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
3. The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in SSN he now holds and the SSN recorded in his military record.
4. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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) AR20140016306
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ABCMR Record of Proceedings (cont) AR20140016306
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