IN THE CASE OF:
BOARD DATE: 11 August 2015
DOCKET NUMBER: AR20150000739
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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as
431-XX-XXXX instead of 436-XX-XXXX.
2. The applicant states there was an error in his military documents regarding his SSN. His SSN is 431-XX-XXXX. His military records need to reflect the correct SSN so his social security record and Department of Veterans Affairs records match to allow proper identification within the Department of Veterans Affairs system.
3. The applicant provides:
* birth certificate
* social security card
* 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 applicant's DD Form 4 (Enlistment or Reenlistment Agreement Armed Forces of the United States) shows he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 14 December 1977 for a period of 6 years. It also shows he was discharged from the USAR DEP for immediate enlistment in the Regular Army. He enlisted in the Regular Army on 28 December 1977 for a period of 3 years. His SSN is shown on this form as 436-XX-XXXX.
3. On 12 December 1980, he was honorably released from active duty. His DD Form 214 shows his SSN as 436-XX-XXXX.
4. All of his service personnel records show his SSN as 436-XX-XXXX.
5. He provided a copy of his social security card that shows his SSN as
431-XX-XXXX.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of 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. The applicant contends the SSN shown on his DD Form 214 is incorrect.
2. The evidence of record shows he recorded his SSN as 436-XX-XXXX when he enlisted in the USAR and subsequently upon his enlistment in the Regular Army in 1977. He used this SSN exclusively throughout his military service. His DD Form 214 shows he was released from active duty in 1980 and records this same SSN.
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. While it is understandable he now desires to record his requested 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.
4. 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 regarding the SSN recorded in his military records and to satisfy his desire to have his current SSN documented.
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) AR20150000739
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ABCMR Record of Proceedings (cont) AR20150000739
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