BOARD DATE: 12 May 2015
DOCKET NUMBER: AR20140017246
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 "XX9-XX-XXX9" instead of "XX4-XX-XXX4."
2. The applicant states his SSN is incorrectly reflected on his DD Form 214.
3. The applicant provides:
* DD Form 214
* a copy of his social security card
* Honorable Discharge Certificate
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. His record contains a DD Form 4 (Enlistment Record - Armed Forces of the United States) which shows his service number as "RA1XX3XXX8" at the time of his enlistment in the Regular Army on 29 October 1964. A review of the remaining documents contained in his military personnel record shows his service number consistently appears as "RA1XX3XXX8" throughout his tenure of service.
3. On 10 October 1967, the applicant was released from active duty as an overseas returnee and transferred to the U.S. Army Reserve Control Group (Reinforcement). Item 3 (SSN) of his DD Form 214 shows his SSN as "XX4-XX-XXX4."
4. On 28 October 1970, the applicant was honorably discharged from the U.S. Army Reserve. Letter Orders Number 10-1069454, issued by the Office of the Adjutant General, U.S. Army Administration Center, dated 13 October 1970, list his SSN as "XX4-XX-XXX4."
5. The applicant provides a copy of his social security card which shows his SSN as "XX9-XX-XXX9."
6. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation established standardized policy for the preparation of the DD Form 214. The regulation stated the complete name and SSN of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant requests correction of his DD Form 214 to show the SSN as shown on his social security card, the documents in his military service records show he served in the Army using his service number or an SSN of "XX4-XX-XXX4."
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 the applicant desires to now record his correct 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.
3. The applicant is advised that a copy of this decisional document will be filed in his official military personnel file (OMPF). This should serve to clarify any questions or confusion in regard to the different SSN recorded on his DD Form 214.
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) AR20140017246
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ABCMR Record of Proceedings (cont) AR20140017246
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