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BOARD DATE: 27 August 2015
DOCKET NUMBER: AR20150001865
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, in effect, correction of his DD Form 214 (Certificate or Release or Discharge from Active Duty) to show his correct social security number (SSN).
2. The applicant states his mother was incapable of providing him his correct SSN. He used his deceased fathers SSN as his own when he enlisted in the Regular Army. He is now applying for veterans benefits.
3. The applicant provides copies of:
* State of Virginia Drivers License
* Department of Veterans Affairs (VA) Card
* 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. On 29 June 1979, the applicant enlisted in the Regular Army (RA).
3. A DD Form 214 ending on 23 April 1984 shows the applicant was discharged.
4. Without exception, all of the applicants military records show he used the same SSN throughout his service, which is different from the SSN he now claims to be correct.
5. Army Regulation 635-5 (Separation Documents), as then in effect, required the SSN to be entered in Item 3 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Forms 214 should be corrected to show his SSN as indicated on his application and social security card.
2. The evidence of record clearly shows the applicant originally enlisted in the RA using an SSN different from what he now claims to be correct. The applicant consistently used the SSN listed on his DD Form 214 during his entire period of active duty service.
3. 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.
4. The applicant is advised that a copy of this decisional document, along with his application will be filed in his official military personnel file. This should serve to clarify any questions or confusion regarding his SSN, and satisfy his desire to have his current SSN documented in his record.
5. In view of the above, the applicants request should be denied.
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) AR20130002706
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20150001865
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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