IN THE CASE OF:
BOARD DATE: 4 June 2015
DOCKET NUMBER: AR20140018440
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 (Report of Separation from Active Duty) to show his social security number (SSN) as XXX-82-XXXX.
2. The applicant states that a mistake was made and the SSN on his DD Form 214 is incorrect.
3. The applicant provides copies of his
* DD Form 214
* social security card, issued 1 June 2012
* Idaho Driver's License
* Department of Veterans Affairs Card
* Standard Form 180 (Request Pertaining to Military Records), dated
17 October 2014
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 applicants 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 applicants 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 2 June 1975. The DD Form
4 (Enlistment Contract - Armed Forces of the United States) shows his SSN as XXX-78-XXXX.
3. His record contains numerous documents showing his SSN as
XXX-78-XXXX; including his DA Form 2-1 (Personnel Qualification Record-Part II), and DD Form 398 (Statement of Personal History).
4. There are no documents in his available record that show his SSN as
XXX-82-XXXX, the number listed on the Social Security Card he provided.
5. He was released from active duty (REFRAD) on 11 June 1979. His DD Form 214 shows in Item 3 (SSN) XXX-78-XXXX.
6. Army Regulation 635-5 (Separation Documents) at the time provided guidance on preparation of the DD Form 214. This regulation has historically stated that item 3 will contain the SSN taken from the Soldier's personnel record.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant enlisted, served, and was REFRAD using the SSN XXX-78-XXXX.
2. There is no available evidence showing he used the SSN XXX-82-XXXX during his active duty service.
3. 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. While it might be understandable that the applicant now desires the record to show his current SSN in the absence of a showing of material error or injustice, there is a reluctance to recommend that his records be changed.
4. The applicant is advised that a copy of this decisional document 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 in his military record and the SSN he now uses.
5. In view of the above, there is no basis for granting the applicant's requested relief.
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) AR20100023544
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ABCMR Record of Proceedings (cont) AR20140018440
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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