IN THE CASE OF:
BOARD DATE: 30 April 2015
DOCKET NUMBER: AR20140016334
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as XXX-XX-X8X8 instead of XXX-XX-X7X7.
2. The applicant states the SSN shown on his DD Form 214 is incorrect.
3. The applicant provides:
* social security card
* DD Form 214 for the period ending 11 August 1960
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 was inducted into the Army of the United States on 17 March 1960. On 11 August 1960, he was honorably discharged for immediate reenlistment. Item 32 (Remarks) of his DD Form 214 for the period ending
11 August 1960 shows his SSN as XXX-XX-X7X7.
3. He reenlisted on 12 August 1960 for 3 years. On 5 August 1963, he was honorably released from active duty (REFRAD). Item 32 of his DD Form 214 for the period ending 5 August 1963 shows his SSN as XXX-XX-X7X7.
4. The majority of his personnel records show a service number, but his
DA Form 24 (Service Record) covering the period 17 March 1960 to 5 August 1963 shows his SSN as XXX-XX-X7X7.
5. He provided a copy of his social security card that shows his SSN as XXX-XX-X8X8.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It 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 applicant contends the SSN shown on his DD Form 214 is incorrect.
2. The evidence of record shows the SSN of XXX-XX-X7X7 was used exclusively when he was inducted in 1960 and when he was REFRAD in 1963. His DA Form 24 and both DD Forms 214 record this same SSN.
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 (emphasis added). 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 he now desires to record his requested SSN in his military records, there is not a sufficiently compelling reason 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 military records. This should serve to clarify any questions or confusion regarding the SSN recorded in his military records and the SSN 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) AR20140016334
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ABCMR Record of Proceedings (cont) AR20140016334
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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