IN THE CASE OF:
BOARD DATE: 7 July 2015
DOCKET NUMBER: AR20140020595
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 XXX-XX-XX69 vice XXX-XX-XX78.
2. The applicant states the wrong SSN is shown on his DD Form 214.
3. The applicant provides his DD Form 214.
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 Maryland Army National Guard (MDARNG) on 11 October 1965. His DD Form 4 (Enlistment Record - Armed Forces of the United States) is not available for review with this case.
3. He entered active duty for training on 6 January 1967. His DA Form 20 (Enlisted Qualification Record) that would have been created upon his entry on active duty is not available for review with this case.
4. His record contains orders, personnel, and medical documents that all show his serial number (SN) and not his SSN.
5. He was honorably released from active duty on 5 May 1967 to the control of the MDARNG. Item 3 (SSN) of the DD Form 214 he was issued shows his SSN as XXX-XX-XX78. The applicant authenticated this form by placing his signature in the appropriate block on that date.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record is void of any documentation that contains his SSN except for the DD Form 214 he was issued on 5 May 1967 that contains his signature. In the absence of evidence to the contrary, it is presumed what the Army did in his case was correct and his DD Form 214 was prepared with the SSN he provided 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 current 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 Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded on his DD Form 214 and to satisfy his desire to have a different SSN documented in his OMPF.
4. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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) AR20140020595
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ABCMR Record of Proceedings (cont) AR20140020595
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