IN THE CASE OF:
BOARD DATE: 16 July 2015
DOCKET NUMBER: AR20150000529
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-3XXX instead of XXX-XX-2XXX.
2. The applicant states:
* his SSN has never changed
* he was informed the damage that occurred to his right knee while performing his duties was service - connected
* he was injured after falling from a tree while he was stringing communications wire in the performance of his duties in military occupational specialty 310 (Field Communications Crewman)
* he was repeatedly told his records could not be located after his discharge
* he was unaware the SSN on his DD Form 214 was wrong and prevented his records from being located during multiple inquiries
* he has had to pay for his Department of Veterans Affairs services since his discharge
* the 1973 fire further complicated his claim
3. The applicant provides:
* DD Form 214
* 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 applicant's complete military and medical records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. The case is being considered using the DD Form 214 and social security card provided by the applicant and reconstructed records from the National Personnel Records Center consisting of a DD Form 214 the applicant had notarized on 19 July 1990.
3. On 29 June 1954, the applicant enlisted in the Regular Army.
4. On 28 June 1957, he was honorably released from active duty.
5. Item 32 (Remarks) of his DD Form 214 lists his SSN as XXX-XX-2XXX.
6. He provided a copy of his social security card issued on 13 June 2014 that shows his SSN as XXX-XX-3XXX.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show his SSN as shown on his social security card was carefully considered.
2. Regrettably, his records were destroyed in the National Personnel Records Center fire in 1973 and his DD Form 214 is the only Army record available that lists his SSN. It is not known what SSN he provided when he enlisted in the Regular Army on 29 June 1954.
3. 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.
4. While it is understandable that the applicant desires to record the SSN shown on his social security card in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records. Absent other Army records to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, were correct at the time and there is insufficient evidence to grant him relief in this case.
5. A copy of this decisional document will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military records and the SSN shown on his social security card.
6. The applicant may resubmit an application to the Board if he can provide an Army document showing the requested SSN was used at any time during his military service.
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 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) AR20150000529
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ABCMR Record of Proceedings (cont) AR20150000529
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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