IN THE CASE OF:
BOARD DATE: 15 September 2015
DOCKET NUMBER: AR20150001857
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 reconsideration of his previous request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), item 3 (Social Security Number (SSN)) to show XXX-XX-X356.
2. The applicant states, in effect, that in his lifetime he has only had one SSN issued to him. It was not until a Social Security Administration office requested verification of his military record that he discovered that his SSN was improperly listed on his DD Form 214. The SSN currently listed on his DD Form 214 belongs to another individual who died in 2000.
3. The applicant provides copies of two of his social security cards.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20140006092, on 4 December 2014.
2. The applicant has provided new argument that requires consideration at this time.
3. The original Record of Proceedings states that it appears that he began using the requested SSN after he separated from the USAR. Absent convincing independent and verifiable evidence to the contrary, it is presumed that his
DD Form 214 was correct at the time it was prepared. The Board concluded that it would not be in the interest of the Army to change its records because the applicant had not provided a compelling reason to do so. Accordingly, it denied the applicant's request.
4. The applicant served in the Army of the United States from 28 July 1965 to
25 July 1967. Upon his release he was transferred to the U.S. Reserve Control Group.
5. A thorough review of documents contained in the applicants military records show that during his period of service the only document that listed his SSN was his DD Form 214. All other documents listed his service number.
6. On 23 November 1967, he completed a USAR Personnel Data Review sheet, and recorded his SSN as XXX-XX-X356.
7. On 27 July 1971, the applicant was discharged from the USAR. His discharge orders, dated 14 July 1971, show his SSN as the same SSN listed on his DD Form 214.
8. He provides two social security cards showing his SSN is XXX-XX-X356.
9. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214.
10. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. Although the available military records are largely void of references to the applicant's SSN, these records show that the SSN he claims is correct was only recorded in his record after his release from active duty on a USAR Personnel Data Review sheet.
2. In light of the available evidence, and specifically in consideration of the fact that it appears he provided the correct SSN while still serving in the USAR, it would be appropriate to grant the requested relief.
BOARD VOTE:
____x___ ___x____ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 3 of his DD Form 214 the current entry and replacing it with the SSN shown on his USAR Personnel Data Review sheet.
___________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) AR20150001857
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20150001857
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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