IN THE CASE OF:
BOARD DATE: 23 July 2015
DOCKET NUMBER: AR20140021117
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 his social security number (SSN) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 15 November 1987 be changed to match his social security card.
2. The applicant states he served in the Army from 16 November 1984 to
15 November 1987 on active duty and an additional 5 years on inactive reserve reporting in to the Houston Recruiting Command annually. When he enlisted he didn't have an SSN and his recruiter said he would take care of it. When he returned home from active duty he found out he didn't have an SSN when he filed his taxes. He then went to the Social Security office and got one.
3. The applicant provides:
* page one of his DD Form 1966 (Record of Military Processing - Armed Forces of the United States)
* his DD Form 214
* his Honorable Discharge Certificate, dated 17 November 1992
* three Texas driver's licenses
* his social security card
* eight e-mails from former Soldiers
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. On 16 November 1984, he enlisted in the Regular Army.
3. Item 1 (Social Security Account Number) of his DD Form 1966/1 shows his SSN as "xxx-xx-2237." Item 40e (Social Security Account Number) of his
DD Form 1966/7 indicates his recruiter verified his SSN using a W-2 Form (Wage and Tax Statement).
4. His DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) shows his SSN as "xxx-xx-2237."
5. His DA Form 2-1 (Personnel Qualification Record) shows his SSN as "xxx-xx-2237." On 11 October 1985, he was assigned to the 156th Military Intelligence Battalion in Germany. The e-mails he provided also show he was assigned to Company E, 51st Infantry in Germany.
6. All documents throughout his Military Personnel Records Jacket (MPRJ) show his SSN as "xxx-xx-2237."
7. On 15 November 1987, he was released from active duty. His DD Form 214 shows his SSN as "xxx-xx-2237."
8. U.S. Army Reserve Personnel Center, St. Louis, MO Orders D-11-261110, dated 17 November 1992, discharged him from the Ready Reserve on 17 November 1992. These orders identify him with the SSN xxx-xx-2237." The Honorable Discharge Certificate he provided identifies him with the SSN "xxx-xx-2237."
9. The driver's licenses he provided do not show his SSN. The social security card he submitted shows his SSN as "xxx-xx-4074."
10. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. Although the social security card he submitted shows his SSN as xxx-xx-4074, his enlistment documents and all of his active duty records in his MPRJ show his SSN as "xxx-xx-2237."
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. There is a reluctance to recommend that those records be changed.
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 in regard to the difference between the SSN recorded in his military records and that 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) AR20140021117
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ABCMR Record of Proceedings (cont) AR20140021117
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