IN THE CASE OF:
BOARD DATE: 27 August 2015
DOCKET NUMBER: AR20150001253
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her social security number (SSN) as XXX-XX-21XX instead of XXX-XX-12XX.
2. The applicant states the SSN on her DD Form 214 is wrong.
3. The applicant provides a copy of her 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 enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 18 December 1980 for a period of 6 years. Her DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 18 December 1980, shows her SSN as XXX-XX-12XX. She was discharged from the USAR DEP on 4 March 1981 for the purpose of immediate enlistment in the Regular Army. She enlisted in the Regular Army on 5 March 1981 for a period of 3 years. She was honorably released from active duty on 8 December 1981 due to pregnancy.
3. Item 3 (SSN) of her DD Form 214 shows her SSN as XXX-XX-12XX.
4. All of her service personnel records show her SSN as XXX-XX-12XX.
5. She provided a copy of her social security card that shows her SSN as
XXX-XX-21XX.
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 her DD Form 214 is incorrect.
2. The evidence of record shows the SSN XXX-XX-12XX was recorded when she enlisted in the USAR DEP in 1980 and when she was released from active duty in the Regular Army in 1981. Her DD Form 4 and DD Form 214 record 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.
4. The applicant is advised that a copy of this decisional document will be filed in her military records. This should serve to clarify any questions or confusion regarding the SSN recorded on her DD Form 214 and the SSN shown on her social security card.
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) AR20150001253
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ABCMR Record of Proceedings (cont) AR20150001253
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