IN THE CASE OF:
BOARD DATE: 23 July 2015
DOCKET NUMBER: AR20150000621
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, in effect, his social security number (SSN) be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. The applicant states:
* he has two SSNs
* he would like to have one SSN assigned to his Army records that will be accepted by the military and Department of Veterans Affairs
3. The applicant provides:
* DD Form 214
* Social Security Administration letter, dated 12 November 2014
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 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 reconstructed records provided by the National Personnel Records Center and the letter provided by the applicant from the Social Security Administration.
3. His DD Form 214 shows:
* on 18 May 1951, he was inducted into the Army of the United States
* his service number and selective service numbers are listed
* on 17 May 1953, he was honorably released from active duty
* he completed 2 years of creditable active military service
* his SSN is not listed
4. The applicant provided a copy of a letter from the Social Security Administration, dated 12 November 2014, that shows:
* in 1944, he was assigned the SSN 495-XX-XXXX
* in 1956, he was assigned the SSN 319-XX-XXXX
* his earnings records were combined and his monthly benefits are being paid from the record of SSN 319-XX-XXXX
5. His available records are void of and he failed to provide any evidence of a recorded SSN in his military records.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence the SSNs shown on the letter provided by the applicant from the Social Security Administration were ever recorded in his military records.
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 SSN, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. Absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including his DD Form 214, were correct at the time of preparation. There is an insufficient evidentiary basis to grant his relief in this case.
4. 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 service number listed on his DD Form 214 and the two different SSNs recorded by the Social Security Administration.
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) AR20150000621
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ABCMR Record of Proceedings (cont) AR20150000621
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