IN THE CASE OF:
BOARD DATE: 20 January 2015
DOCKET NUMBER: AR20140009932
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 that his DD Form 214 be corrected to reflect his correct Social Security Number (SSN).
2. The applicant states, in effect, that he did not have an SSN at the time he enlisted in the Army and he was given the SSN that is reflected on his DD Form 214; he served his entire enlistment using that SSN. However, after his discharge from active duty he was issued a new SSN that coincides with someone from Maine. He desires his DD Form 214 to be corrected to reflect his correct SSN so that he can prepare for retirement.
3. The applicant provides copies of his Social Security Card, Social Security Earnings Record, Certificate of Birth, Service organization membership card, Department of Veterans Affairs (VA) letter, and 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 applicants Regular Army records were not available for review by the Board. However, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Regular Army in Portland, Maine on
29 September 1966 for a period of 3 years. He completed his training as an armor intelligence specialist and was transferred to Vietnam on 4 October 1967.
4. He remained in Vietnam until 10 August 1970 when he was transferred to Fort Lewis, Washington and released from active duty (REFRAD) as an overseas returnee. He had served 3 years, 10 months, and 12 days of active service. The DD Form 214 issued at the time of his REFRAD shows the SSN he used during his entire period of active duty.
5. Army Regulation 635-5 (Separation Documents) at the time served as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation. Changes that occur subsequent to the date the DD Form 214 is issued are not authorized for entry on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant's DD Form 214 reflects the SSN that appears to have been used throughout his entire period of service. Therefore, there is no evidence of record or independent evidence that suggests his military record exhibits a material error or injustice.
2. 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 of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable that 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 Army's 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 in his military record and to satisfy his desire to have his current SSN documented in his OMPF.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ __x_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20140009932
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140009932
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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