IN THE CASE OF:	  

		BOARD DATE:	  18 August 2015

		DOCKET NUMBER:  AR20150000835 


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 X2X-5X-9XXX vice X3X-1X-2XXX. 

2.  The applicant states he doesn't know what caused the error but the SSN on his DD Form 214 is not the one that was given to him when he was born.  After his discharge, when he found out it was wrong, he went to the Social Security Office and the Internal Revenue Service and had it fixed.  He thought it would solve the problem; however, he is in the process of purchasing his first home with a Department of Veterans Affairs (VA) loan and his lender needs a copy of his DD Form 214, but it has an error on it.

3.  The applicant provides his DD Form 214, social security card, and driver's license.

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 enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 18 November 1983.  His DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 18 November 1983, shows his SSN as X3X-1X-2XXX.  He authenticated this form by placing his signature in the appropriate block on that date.  He was discharged from the DEP on 21 February 1984.

3.  On 22 February 1984 he enlisted in the Regular Army (RA).  Page 4 of his DD Form 4 dated 22 February 1984 shows his SSN as X3X-1X-2XXX.  He authenticated this form by placing his signature in the appropriate block on that date. 

4.  His DA Form 2-1 (Personnel Qualification Record) created upon his entry on active duty shows his SSN as X3X-1X-2XXX.

5.  His record contains numerous orders, personnel, medical, and legal documents, to include a DA Form 873 (Certificate of Clearance and/or Security Determination), dated 23 November 1984, that all show his SSN as X3X-1X-2XXX.  He authenticated many of these forms by placing his signature in the appropriate block. 

6.  He was discharged from the RA on 23 May 1986.  Item 3 (SSN) of the DD Form 214 he was issued shows his SSN as X3X-1X-2XXX.

7.  The applicant provides his social security card wherein it shows his SSN as X2X-5X-9XXX, a number completely different than the one on his DD Form 214. 

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, 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 evidence of record confirms when the applicant enlisted in the USAR DEP and the RA he listed his SSN as X3X-1X-2XXX and this is the SSN he used throughout his active duty service.  His DD Form 214 correctly shows his SSN as X3X-1X-2XXX, the SSN he used at the time.
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 now desires to record the SSN he now uses in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

3.  The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File.  This should serve to clarify any questions or confusion in regard to the difference in SSN he now holds and the SSN recorded in his military record.

4.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

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)                                         AR20150000835





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ABCMR Record of Proceedings (cont)                                         AR20150000835



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