BOARD DATE: 16 June 2015
DOCKET NUMBER: AR20140018445
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 that his records be corrected to show that the fifth digit of his Social Security Number (SSN) is an 8 instead of a 4.
2. The applicant states that the SSN entered in his records incorrectly reflects a 4 as the fifth digit instead of an 8 and it is creating difficulty in his establishing military service.
3. The applicant provides copies of his DD Form 214 (Report of Separation from Active Duty), copies of his enlistment contracts, a letter from the Social Security Administration, and a response from the U.S. Army Human Resources Command (HRC).
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 applicants records were not available for review by the Board; however, the documents provided by the applicant are sufficient for the Board to make an equitable review of his application.
3. The applicant enlisted in the U.S. Army Reserve on 31 October 1974 under the delayed entry program. The SSN recorded at the time contained a 4 as the fifth digit.
4. On 2 December 1974, he enlisted in the Regular Army for assignment to the 82nd Airborne Division at Fort Bragg, North Carolina. Again, the SSN recorded at the time contained a 4 as the fifth digit. He was transferred to Fort Polk, Louisiana to undergo his basic training.
5. On 31 January 1975, he was honorably discharged presumably under the trainee discharge program as he had not completed his training. He had served 2 months of active service and his DD Form 214 issued at the time of his discharge as a trainee shows a 4 as the fifth digit of his SSN.
6. The applicant provides a letter from the Social Security Administration showing that his SSN contains an 8 as the fifth digit.
7. On 30 September 2014, the HRC denied the applicants request to change his SSN and indicated that his records could not be found.
8. Army Regulation 635-5 (Separation Documents) served as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted and served under the SSN that is reflected on his enlistments contracts and DD Form 214. Therefore, without his records to show that his correct SSN was recorded elsewhere in his records it must be presumed that his records were correctly prepared based on information provided by the applicant at the time.
2. 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.
3. The applicant is advised that a copy of this decisional document will be filed in his official records. 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 official 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) AR20140018445
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ABCMR Record of Proceedings (cont) AR20140018445
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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