IN THE CASE OF:
BOARD DATE: 23 June 2015
DOCKET NUMBER: AR20140019199
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 X0X-46-6XXX instead of X3X-14-9XXX.
2. The applicant states his SSN was recorded incorrectly on his DD Form 214 due to an administrative error.
3. The applicant provides a DD Form 214 and copy of his social security card.
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 29 November 1967. His SSN is not listed on his enlistment contract.
3. His military record includes several documents that show his SSN as "SSN none," "not available," or "unknown."
4. His records also include several documents that show his SSN as
"X3X-14-9XXX" and several documents that show his SSN as "8XX-XX-XXX."
5. He was released from active duty and transferred to the U.S. Army Reserve (USAR) on 19 November 1970. His DD Form 214 shows his SSN as
"X3X-14-9XXX."
6. He was discharged from the USAR on 1 November 1973. His USAR discharge orders show his SSN as shown on his DD Form 214.
7. There is no evidence in his military record that shows he ever listed his SSN as "X0X-46-6XXX" throughout his military service.
8. He provided a copy his social security card that shows the SSN he now claims is correct.
9. Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, 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 the 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. The applicant's contention that his DD Form 214 should be corrected to show his SSN as shown on his social security card was carefully considered.
2. The evidence of record shows a SSN was listed inconsistently throughout his period of military service to include numerous documents that do not show a SSN. There is no evidence showing he ever listed his SSN as shown on his social security card.
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 evidence showing a material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable the applicant now desires to record a different 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. This should serve to clarify any questions or confusion in regard to the difference in the SSNs recorded in his military record 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 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) AR20140019199
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ABCMR Record of Proceedings (cont) AR20140019199
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