IN THE CASE OF:
BOARD DATE: 10 September 2015
DOCKET NUMBER: AR20150003321
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 item 3 (Social Security Number (SSN)) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his SSN as "XXX-XX-X26X" instead of "XXX-XX-X62X."
2. The applicant states that it looks to him like his SSN was transposed when he entered the service and he never noticed it until he used his benefits to buy his current home.
3. The applicant provides:
* VA Form 26-1880 (Department of Veterans Affairs Request for a Certificate of Eligibility), dated 1 October 2014
* Social Security Card
* California Driver License, dated 1 November 2014
* Department of Veterans Affairs Report and Certification of Loan Disbursement, dated 8 October 2014
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 Regular Army on 18 October 1982. At the time of his enlistment, he listed his SSN as "XXX-XX-X62X."
3. The applicant's official military record contains a Report of National Agency Check (NAC) that was closed on 7 December 1982. It shows "XXX-XX-X62X" as his SSN and the same SSN is listed on all documents contained in his official record requiring the use of an SSN.
4. He was honorably released from active duty on 7 August 1987 due to a reduction in authorized strength. Item 3 of his DD Form 214 shows the same SSN listed on all of the documents contained in his official record.
5. There is no document contained in the applicant's official record showing he used "XXX-XX-X26X" as his SSN while he was in an active duty status.
6. The applicant provides a copy of his Social Security Card and it shows "XXX-XX-X26X" as his SSN.
7. Army Regulation 635-5 (Separation Documents), then in effect, 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 the preparation of the DD Form 214 and 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's contentions have been noted. His supporting evidence has been considered.
2. However, he entered the Army and he used "XXX-XX-X62X" as his SSN throughout his period of military service. There is no evidence in the available record showing that he used "XXX-XX-X26X" as his 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. The preponderance of evidence indicates the SSN shown on the applicant's DD Form 214 reflects the SSN that he used when he served. He has provided an insufficient explanation as to how such an error could have occurred; therefore, there is a reluctance to change his official records. However, this decisional document will be included in his official military record for future reference.
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) AR20150003321
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ABCMR Record of Proceedings (cont) AR20150003321
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