IN THE CASE OF:
BOARD DATE: 26 May 2015
DOCKET NUMBER: AR20140019079
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 record to show his social security number (SSN) as X67-X6-XXXX vice X36-X8-XXXX.
2. The applicant states:
* the SSN listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) is incorrect
* it is not nor has it ever been his SSN
3. The applicant provides:
* a DD Form 214
* his Social Security card
* two Equifax reports
* a letter
* a Certificate of Eligibility
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, and 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 was inducted into the Army of the United States on
29 November 1965.
3. A thorough review of all documents contained in his available military personnel records, many of which bear his signature, shows his SSN consistently appears as X36-X8-XXXX.
4. He was released from active duty on 28 November 1967. Item 3 (SSN) of his DD Form 214 shows his SSN as X36-X8-XXXX.
5. He provides:
* his social security card showing his SSN as X67-X6-XXXX
* a Certificate of Eligibility from the Department of Veterans Affairs, dated
3 July 2014, which shows his SSN as XXX-XX-9291
* an Equifax Report, dated 7 July 2014, which shows his SSN as X67-X6-XXXX
* an Equifax Report, dated 27 October 2014, which indicates that X36-X8-XXXX is not the applicant's SSN
* a letter from the Academy Mortgage Corporation, dated 28 October 2014, which shows his correct SSN is X67-X6-XXXX
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. 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. All of the documents in his records show he used SSN X36-X8-XXXX during his active duty service.
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 that he now desires to record his current SSN on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his military records. This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his DD Form 214 and the SSN shown on his social security card.
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 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) AR20140019079
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ABCMR Record of Proceedings (cont) AR20140019079
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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