IN THE CASE OF:
BOARD DATE: 23 July 2015
DOCKET NUMBER: AR20140020448
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 change the 6th digit of his social security number (SSN) to read "5" instead of "6."
2. The applicant states is SSN was incorrectly listed on his DD Form 214.
3. The applicant provides 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 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 military records are not available for review in this case. However, the applicant provided sufficient records to conduct a fair and impartial review of this case.
3. The applicant provided a DD Form 214 showing he enlisted in the New York Army National Guard and entered Active Duty for Training (ADT) on 26 May 1976. He was honorably released from ADT on 21 September 1976 and his
DD Form 214 shows the 6th digit of his SSN as "6."
4. The applicant provided a copy of his social security card that lists the 6th digit of his SSN as "5."
5. Army Regulation 635-5 (Separation Documents) in effect at the time provided guidance on the preparation of the DD Form 214. This regulation has historically stated that item 3 of the DD Form 214 will contain the SSN taken from the Soldier's personnel record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of the SSN shown on his DD Form 214 was carefully considered; however, it is not supported by the evidence of record.
2. He provided a copy of his social security card that shows the 6th digit of his SSN as "5." However, the SSN entered on his DD Form 214 shows the 6th digit of his SSN as "6." Unfortunately, without additional military records showing his SSN, such as his enlistment contract, DD Form 398 (Statement of Personal History), DA Form 41 (Record of Emergency Data), or DA Form 20 (Enlisted Qualification Record), it is impossible to tell which version of his SSN he used during his military service.
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 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 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. Therefore, there is insufficient evidence to grant him relief in this case.
4. He is advised that a copy of this decisional document, which shows his current SSN, will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or justify any confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have the correct SSN documented in his OMPF.
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) AR20140020448
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ABCMR Record of Proceedings (cont) AR20140020448
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