IN THE CASE OF:
BOARD DATE: 28 May 2015
DOCKET NUMBER: AR20140018320
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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as
XXX-XX-0781 versus XXX-XX-0438.
2. The applicant states his correct SSN is XXX-XX-0781, not XXX-XX-0438 as currently shown on his DD Form 214.
3. The applicant provides his:
* certificate of live birth
* a photocopy of his driver's license, and social security card
* DD Form 214
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 Regular Army on 21 January 1979. After completing initial training, he was awarded military occupational specialty 91B (Medical Specialist). The highest rank/grade held was private/E-1.
3. He was honorably discharged on 27 May 1980. His DD Form 214 shows he completed 1 year, 4 months, and 2 days of net active creditable service. His SSN is shown as XXX-XX-0438.
4. His records show he consistently used XXX-XX-0438 as his SSN throughout his period of military service. This includes all enlistment documents, casualty notification, and Servicemembers Group Life Insurance documents contained in his personnel records.
5. He provides a social security card that shows his SSN as XXX-XX-0781.
DISCUSSION AND CONCLUSIONS:
1. Although he provides a copy of his social security card, the evidence of record shows, throughout his term of military service, his SSN consistently appeared as XXX-XX-0438 on every document in his available service personnel record.
2. Based on the social security card from the Social Security Administration, his SSN is currently XXX-XX-0781; however, it is not the SSN he used when he served on active duty, and this does not change the conditions and circumstances that existed at the time his service records were created.
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 current 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 Official Military Personnel File (OMPF). 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 correct SSN documented in his OMPF.
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) AR20140018320
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ABCMR Record of Proceedings (cont) AR20140018320
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