IN THE CASE OF:  	  

		BOARD DATE:  19 May 2015	  

		DOCKET NUMBER:  AR20140017469 


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 the social security number (SSN) shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) from xx-xx-4549 to xx-xx-3615 (a different number). 

2.  The applicant states:

* the SSN listed in his military records belongs to his father and it was given in error by his mother
* his father has been deceased since 1979 and his death certificate shows the SSN he used
* he served his country proudly in Desert Storm
* for the past 20 years he has experienced medical issues and he cannot be identified due to the incorrect SSN

3.  The applicant provides:

* Honorable Discharge Certificate
* Discharge orders from the U.S. Army Reserve (USAR)
* Verification of Military Experience and Training
* Various medical documents
* Social security card
* Texas Driver License
* Certificate of birth
* Certificate of death
* Correspondence from the Department of Veterans Affairs (VA)
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 26 January 1987 for a period of 8 years.  His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) and all allied documents list his SSN as "xxx-xx-4549." 

3.  Item 41 (Data Verification by Recruiter) of his DD Form 1966 (Record of Military Processing) shows the recruiter conducted a social security number verification.   

4.  On 3 March 1987, he was discharged from the USAR DEP and he enlisted in the Regular Army on 4 March 1987 for a period of 4 years.  The oath of office portion of his DD Form 4 also lists his SSN as "xxx-xx-4549."

5.  He completed the training requirements and he was awarded military occupational specialty 63H (Track Vehicle Repairer). 

6.  His DA Form 2A (Personnel Qualification Record-Part I) and DA Form 2-1 (Personnel Qualification Record-Part II), which were created upon his entry on active duty, listed his SSN as "xxx-xx-4549."  He reviewed his DA Form 2-1 and authenticated it with his signature.  

7.  Multiple other documents in his service record listed his SSN as 
"xxx-xx-4549"; these documents include: 

* DD Form 93 (Record of Emergency Data)
* DA Form 428 (Application for Identification Card)
* DA Form 4187 (Personnel Action)
* Assignment, reassignment, promotion, and separation orders
* Servicemen's Group Life Insurance Election [Certificate]
8.  He was honorably released from active duty on 24 May 1991 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligations.  His DD Form 214 shows in item 3 (SSN) his SSN as xxx-xx-4549.

9.  On 7 March 1995, the U.S. Army Reserve Personnel Center, St. Louis, MO published Orders D-03-523411 honorably discharging him from the U.S. Army Reserve.  These orders listed his SSN as xxx-xx-4549. 

10.  He provides: 

	a.  A Certificate of Death, dated 13 April 1979, listing a name similar to his and SSN xxx-xx-4549. 

	b.  Medical documents, dated 12 December 1987, listing his name and the SSN xxx-xx-4549.

	c.  Verification of Military Experience and Training, dated 1 January 1993, that also lists his name and the SSN xxx-xx-4549.

	d.  An Honorable Discharge Certificate, dated 7 March 1995, listing his name and SSN xxx-xx-4549. 

	e.  A social security card, listing his name and the SSN xxx-xx-4549. 

	f.  Texas driver license listing a similar name. 

	g.  His certificate of birth.

	h.  VA letter, dated 27 August 2014, informing him the VA is working on his claim.  The letter lists the requested SSN (i.e., he filed a VA claim using the SSN xxx-xx-3615). 

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  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's complete enlistment contract listed his SSN as "xxx-xx-4549." He authenticated this contract and allied documents with his signature.  Additionally, this SSN is consistent with the SSN recorded throughout his military service.  There is no evidence he used SSN "xxx-xx-3615" at any time during the period he served on active duty.

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 a different 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.  Absent convincing, independent, and verifiable evidence to the contrary, it is presumed his military service records, including the DD Form 214, were correct at the time and there is an insufficient basis to grant him relief in this case.

4.  Nevertheless, the applicant is advised that a copy of this decisional document that confirms his current SSN will be filed in his Official Military Personnel File.  This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have his current SSN documented in his service records. 

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)                                         AR20140017469



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ABCMR Record of Proceedings (cont)                                         AR20140017469



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