BOARD DATE: 23 June 2015
DOCKET NUMBER: AR20140018398
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"XXX-XX-XX58" instead of "XXX-XX-XX43."
2. He provides his:
* DD Form 214
* Social Security Card
* DD Form 214
* DD Form 4 (Enlistment Contract Armed Forces of the United States)
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 entered the Army of the United States on 18 August 1972 and was honorably released from active duty (REFRAD) on 8 August 1974. Upon his REFRAD he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) for completion of his Reserve obligation.
3. A review of every document contained in his available military personnel and health records, many of which bear his signature, shows his SSN consistently appears as "XXX-XX-XX43" throughout his tenure of service.
4. Item 3 (SSN) of the DD Form 214 issued to the applicant at the time of separation also shows his SSN as "XXX-XX-XX43" and this document bears his signature.
5. Office of The Adjutant General, USAR Components Personnel and Administration Center, St. Louis, MO, Letter Orders Number 07-1074489, dated 26 July 1978, show the applicant was honorably discharged from the USAR effective 17 August 1978. His SSN is shown as "XXX-XX-XX43" on this document.
6. He provides a Social Security Card issued on 28 August 2014 which shows his SSN as "XXX-XX-XX58."
7. Army Regulation 635-5 (Separation Documents), in effect at the time of his service, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation establishes standardized policy for the preparation of the DD Form 214. It states that the complete name and SSN of the separating service member will be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his military records should be corrected to show his SSN as "XXX-XX-XX58" was carefully considered.
2. The evidence of record shows his SSN consistently appeared as
"XXX-XX-XX43" on every document in his available service personnel and health records throughout his period of military service. He authenticated his DD Form 214 and several of these documents requiring his signature by placing his signature in the appropriate blocks.
3. Based on the Social Security Card, his SSN is currently "XXX-XX-XX58"; 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.
4. 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 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.
5. 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.
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) AR20140018398
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ABCMR Record of Proceedings (cont) AR20140018398
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