IN THE CASE OF:
BOARD DATE: 20 August 2015
DOCKET NUMBER: AR20150000383
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-X34X" instead of "XXX-XX-X43X."
2. The applicant states he is enrolled in the Department of Veterans Affairs health system and is forced to pay since he does not receive credit for his time served in the Republic of Vietnam. He claims his SSN is incorrectly listed on his DD Form 214 and needs to be fixed.
3. The applicant provides:
* DD Form 214
* Social Security Card
* DA Form 256A (Honorable Discharge)
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's record contains a DD Form 398 (Statement of Personal History), dated 24 May 1966, which shows he listed his SSN as "XXX-XX-X43X."
3. The applicant was inducted into the Army of the United States on 24 May 1966. He completed training and he was awarded military occupational specialty 64B (Heavy Truck Driver). Evidence shows he served in the Republic of Vietnam from 12 December 1966 to 7 December 1967.
4. A review of documents contained in his military personnel records shows his SSN consistently appears as "XXX-XX-X43X" throughout his tenure of service.
5. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-X43X."
6. The applicant provides a copy of his social security card which shows his SSN as "XXX-XX-X34X."
7. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation established standardized policy for the preparation of the DD Form 214. The regulation stated the complete name and SSN of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant requests correction of his DD Form 214 to show the SSN as shown on his social security card, all of the documents in his military service records show he served in the Army using a different SSN.
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 the applicant desires to now record his correct 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 different SSN recorded in his military records and to satisfy his desire to have his 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) AR20150000383
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ABCMR Record of Proceedings (cont) AR20150000383
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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