BOARD DATE:	  29 September 2015

		DOCKET NUMBER:  AR20150002872 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 27 June 1976 to show his social security number (SSN) as 550-xx-xxxx instead of 436-xx-xxxx.

2.  The applicant states when he was issued a social security card, he was issued one with his father's SSN on it.  He was on active duty from 26 September 1972 to 5 October 1990.  When he reenlisted in 1976, he was issued a separate DD Form 214 with the wrong SSN on it.  After his reenlistment, the Social Security Administration contacted him and advised him that he had the wrong SSN and issued him a new SSN. 

3.  The applicant provides:

* January 1984 Leave and Earnings Statement
* Social security card containing the SSN 550-xx-xxxx
* DD Form 214 ending on 27 June 1976
* DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 4 October 1990

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's service record show he enlisted in the Regular Army (RA) on 26 September 1972.  Item 1 (SSAN) of his DD Form 4 (Enlistment Contract) shows his SSN as 436-xx-xxxx.  He authenticated this form with his signature. 

3.  He was honorably discharged on 27 June 1976 for the purpose of immediate reenlistment.  Item 3 (SSN) of his DD Form 214 for this period of service shows his SSN as 436-xx-xxxx.  He authenticated this form with his signature.

4.  He reenlisted in the RA on 28 June 1976.  Item 1 of his DD Form 4 for this period of enlistment/reenlistment also listed his SSN as 436-xx-xxxx.  He authenticated this form with his signature.

5.  He also reenlisted in the RA on 1 April 1982.  Item 2 (SSAN) of his DD Form 4 (Enlistment/Reenlistment Document) for this period of service also listed his SSN as 436-xx-xxxx.  He authenticated this form with his signature.

6.  On 18 November 1983, he submitted a DA Form 4187 (Personnel Action) requesting correction of his official records to show his SSN as 550-xx-xxxx vice 436-xx-xxxx.  He indicated that when he enlisted in the Army he entered the wrong SSN.  

7.  His DA Form 2-1 (Personnel Qualification Record) which was created upon his reenlistment, was updated to reflect his SSN as 550-xx-xxxx. 

8.  His records contain various personnel, security, and medical documents, including promotion, reassignment and award orders, evaluation reports, a record of emergency data, and other documents that listed both SSNs, depending on when the documents were created (i.e., before or after he submitted a request to change his SSN).   

9.  He further reenlisted in the RA on 30 June 1987.  Item 2 of his DD Form 4 for this period of service lists his SSN as 550-xx-xxxx.  He authenticated this form with his signature.

10.  He was discharged with a general discharge on 4 October 1990.  Item 3 (SSN) of his DD Form 214 for this period of service shows his SSN as 
550-xx-xxxx.  He authenticated this form with his signature.  

11.  He provides: 

	a.  A January 1984 Leave and Earnings Statement (LES) that lists a name similar to his and the SSN 550-xx-xxxx.  The remarks section of the LES contains the entry “SSAN Changed from 436-xx-xxxx.” 

	b.  Social security card that lists a name similar to his and the SSN
550-xx-xxxx. 

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In states that 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.  When the applicant enlisted in the RA in September 1972, he listed his SSN as 436-xx-xxxx.  When he was discharged in 1976 for the purpose of reenlistment, he was issued a DD Form 214 that listed the SSN he disclosed.  When he reenlisted in June 1976 and in April 1982, he also listed this same SSN. 

2.  The Army used to issue a separate DD Form 214 for each period of enlistment and/or reenlistment.  It stopped doing so in October 1979.  

3.  In 1983, he submitted a request to change his military records to reflect his new SSN.  His servicing personnel officer updated his records from that point on to reflect the new SSN as 550-xx-xxxx.  He served consecutively, through multiple reenlistments until 4 April 1990.  That is why his October 1990 DD Form 214 reflects his new SSN.

4.  However, this action had no impact on his previously-issued DD Form 214.  He did not use the requested SSN at the time.  He disclosed and used a different SSN.  His DD Form 214 ending on 27 June 1976 is neither incorrect nor unjust.  It simply reflected the conditions and circumstances that existed at the time this DD Form 214 was created. 

5.  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, this Board is reluctant to recommend that those records be changed.  

6.  Nevertheless, although there is no error or injustice, it is possible the applicant may suffer an injury or injustice as a result of the Army maintaining its records with the SSN under which he initially served.  From an equity and justice prospective, an entry in the remarks section of his second DD Form 214 would be appropriate.  This should serve to clarify any questions or confusion in regard to the difference in the SSNs recorded in his military record and to satisfy his desire to have his SSN corrected. 

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 adding to item 27 (Remarks) of his DD Form 214, ending on 27 June 1976, the entry "Also used SSN 550-xx-xxxx."



      _______ _   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)                                         AR20150002872





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ABCMR Record of Proceedings (cont)                                         AR20150002872



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