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IN THE CASE OF:
BOARD DATE: 28 April 2015
DOCKET NUMBER: AR20140016510
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) effective 4 November 1968 to show his correct social security number (SSN).
2. The applicant states he is applying for benefits from the Department of Veterans Affairs (VA) and wants his SSN to be correct.
3. The applicant provides copies of:
* DD Form 214 effective 4 November 1968
* social security card
* Social Security Administration SSN Verification, dated 23 June 2003.
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 4 (Enlistment Record Armed Forces of the United States) shows the applicant enlisted in the Regular Army on 8 February 1966 for a period of
3 years. At the time, the Army identified Soldiers by their service number.
3. A DD Form 214 effective 4 November 1968 shows that the applicant was honorably discharged for the purpose of immediate reenlistment. Block 3 (SSN) of this form shows an SSN totally different from that shown on the social security card he provides.
4. A DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows the applicant reenlisted on 5 November 1968 for a period of 4 years. The form shows his service number.
5. A DD Form 214 effective 15 August 1972 shows that the applicant was honorably discharged for the purpose of immediate reenlistment. Block 3 (SSN) of this form shows the same SSN as entered on his previous DD Form 214.
6. A DD Form 4 shows the applicant reenlisted on 16 August 1972 for a period of 6 years. The form contains a block for entering the service number. However, the actual entry is the same SSN shown on his previous DD Form 214.
7. A DD Form 214 (Report of Separation from Active Duty) shows that the applicant was discharged on 22 October 1976. Block 3 (SSN) of this form shows the same SSN as used on all of the previous documents discussed above.
8. All of the applicants military records show he used the same SSN throughout his service, which is different from the SSN shown on his social security card.
9. Army Regulation 635-5 (Separation Documents) as then in effect, required the SSN to be entered in Item 3 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show his SSN as indicated on his social security card.
2. The evidence of record clearly shows that the applicant originally enlisted in the Regular Army using a service number. By the time he had been discharged in 1968, the Army was starting to make use of the SSN. The SSN used by the applicant while on active duty is different from that shown on the social security card he now provides.
3. 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.
4. The applicant is advised that a copy of this decisional document, along with his application will be filed in his military records. This should serve to clarify any questions or confusion in regard to the difference in his current SSN and the one recorded in his military record, and to satisfy his desire to have his current SSN documented in his record.
5. In view of the above, the applicants request should be denied.
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) AR20130002706
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ABCMR Record of Proceedings (cont) AR20140016510
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