BOARD DATE: 25 June 2015
DOCKET NUMBER: AR20140019431
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 in item 32 (Remarks) his social security number (SSN) as "5XX-XX-XXXX" instead of "4XX-XX-XXXX."
2. The applicant states his SSN is wrong on his DD Form 214. His Social Security Card lists his SSN is "5XX-XX-XXXX and his DD Form 214 lists "4XX-XX-XXXX."
3. The applicant provides copies of his DD Form 214 and 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 the cases 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.
2. The applicant's complete military records are not available to the Board for review. A fire destroyed approximately 16 million service members records at the National Personnel Records Center in 1973. It is believed his records were destroyed in that fire. However, there was sufficient documentation contained in a reconstructed record and that submitted by the applicant for the Board to conduct a fair and impartial review of this case.
3. The applicant's available records contain and he provided a copy of his DD Form 214 which shows he:
* enlisted in the Regular Army on 19 September 1955; at the time of his enlistment he was assigned and identified with a service number starting with "RA" for Regular Army
* was honorably discharged on 29 March 1956 for the purpose of immediate reenlistment and he reenlisted on 30 March 1956 for 3 years
* was honorably discharged on 27 March 1958 by reason of physical disability
4. Item 32 of his DD Form 214 lists his SSN as "4XX-XX-XXXX."
5. He provided a copy of his Social Security Card which lists his SSN as "5XX-XX-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 the standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a summary of a Soldiers most recent period of continuous active duty. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation stated item 32 would list the SSN verified in the Soldier's record.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant served in the RA with the SSN of "4XX-XX-XXXX." There is no available evidence and he did not provide sufficient evidence that shows he used the requested SSN during his military service.
2. Absent convincing independent and verifiable evidence to the contrary, it is presumed item 32 of this DD Form 214 was correct at the time it was prepared. Therefore, there is an insufficient evidentiary basis to grant the requested relief.
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. In the absence showing a 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.
4. A copy of this decisional document will be filed in his records to clarity the difference between any current last SSN he may be using and the SSN used during his periods of service.
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) AR20140019431
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ABCMR Record of Proceedings (cont) AR20140019431
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