BOARD DATE: 20 August 2015
DOCKET NUMBER: AR20150000959
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 his social security number (SSN) be changed to
526-xx-xxxx on his DD Form 214 (Report of Separation from Active Duty) with an effective date of 31 March 1976.
2. The applicant states the SSN shown on his DD Form 214 is incorrect.
3. The applicant provides his:
* DD Form 214
* social security card, issued on 20 November 2013
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. On 6 December 1974, he enlisted in the Regular Army for 3 years. His
DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) shows his SSN as "534-xx-xxxx."
3. A DD Form 398 (Statement of Personal History), signed by the applicant on
18 November 1974, shows his SSN as "534-xx-xxxx."
4. A DA Form 41 (Record of Emergency Data), signed by the applicant on
4 December 1974, shows his SSN as "534-xx-xxxx."
5. His DA Form 2-1 (Personnel Qualification Record) shows his SSN as
"534-xx-xxxx."
6. On 31 March 1976, he was discharged. His DD Form 214 shows his SSN as "534-xx-xxxx." All documents in his Military Personnel Records Jacket (MPRJ) identify him with the SSN 534-xx-xxxx.
7. The social security card he provided shows his SSN as "526-xx-xxxx."
8. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The regulation stated the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. His DD Form 4, DD Form 398, DA Form 41, DA Form 2-1, and all other documents in his MPRJ show his SSN as "534-xx-xxxx."
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 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 Armys 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 difference in the SSN recorded in his military record.
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) AR20150000959
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ABCMR Record of Proceedings (cont) AR20150000959
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