IN THE CASE OF:
BOARD DATE: 20 August 2015
DOCKET NUMBER: AR20150000983
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his correct social security number (SSN).
2. The applicant states that a clerical error was made at the time of separation and his DD Form 214 has an incorrect SSN.
3. The applicant provides copies of his DD Form 214 and 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 was inducted on 27 June 1967. At the time of his induction he provided the SSN that is reflected on his DD Form 214.
3. He completed his one-station unit training as an infantry indirect fire crewman and was transferred to Vietnam on 6 December 1967 for assignment to the 22nd Infantry Regiment. He was promoted to the rank of sergeant on 27 October 1968.
4. He departed Vietnam on 1 December 1968 for assignment to Fort Benning, Georgia where he remained until he was honorably released from active duty (REFRAD) on 26 June 1969. His DD Form 214 issued at the time of his REFRAD reflects the SSN that he served under during his entire period of service.
5. A review of his official records shows that all of the documents contained in his records, to include those completed by the applicant, contain the SSN that is reflected on his DD Form 214. The SSN that is contained on his social security card (ending with the last four digits of 6351) is not contained anywhere in his records.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. At the time the applicant was inducted his SSN was reflected in his records as it is reflected on his DD Form 214 and he has not offered any explanation as to why he served under this SSN. Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief.
2. For historical purposes, the Army has an interest in maintaining the accuracy 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 as shown on the social security card he provided, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his official records. This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have his SSN as shown on his social security card documented in his official records.
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.
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ABCMR Record of Proceedings (cont) AR20150000983
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