IN THE CASE OF:
BOARD DATE: 14 May 2015
DOCKET NUMBER: AR20140017248
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 military record to show his correct social security number (SSN).
2. The applicant states he needs his military record corrected to show his correct SSN as XXX-14-XXXX instead of XXX-13-XXXX in order to process his request for pension benefits.
3. The applicant provides the following documents:
* Department of Veteran Affairs (VA) facsimile coversheet
* Standard Form 180 (Request Pertaining to Military Records)]
* copy of SSN card
* WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) with Honorable Discharge Certificate
* WD AGO Form 100 (Separation Qualification Record)
* Court Order Name Change Decree
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's military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center (NPRC) in 1973. It is believed his records were lost or destroyed in that fire. This case is being considered using the applicant's NPRC reconstructed file and the evidence he provides; in particular, his WD AGO Form 53-55 and WD AGO Form 100.
3. The applicants WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty 13 February 1943 and continuously served until he was honorably discharged on 13 April 1946. He completed a total of 3 years, 2 months and 8 days of creditable service.
4. The applicant's WD AGO Form 100, prepared during his separation processing, lists the SSN "XXX-13-XXX" in item 4 (Social Security Number). The applicant authenticated Item 24 (Signature of Person Being Separated) with his signature.
5. All orders, documents, and other information on file in the applicant's military reconstructed NPRC file, only lists the applicant's Army serial number. There are no other remaining document on file that lists a SSN.
6. The applicant provides a copy of a social security card that lists the SSN he now states are correct.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his SSN as currently shown in his military record should be corrected.
2. Based on the available evidence of record, the applicant's active duty service was primarily performed under his Army serial number. His WD AGO Form 100 is the only document that includes a SSN and it lists the number that he claims is incorrect and he authenticated this document with his signature, thereby verifying the information contained thereon.
3. For historical purposes, 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. 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 Armys records at this late date.
4. The applicant is advised that a copy of this decisional document will be filed in his service record. This should serve to clarify any questions or confusion in regard to the different SSN's and satisfy his desire to have his correct SSN documented in his record.
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) AR20140017248
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140017248
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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