IN THE CASE OF:	  

		BOARD DATE:	  3 September 2013

		DOCKET NUMBER:  AR20130001773 


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) to show his Social Security Number (SSN) as "5x4-xx-xxxx" instead of "4x5-xx-xxxx."

2.  The applicant states a typographical error resulted in the incorrect SSN being entered on his DD Form 214.

3.  The applicant provides his:

* DD Form 214
* Social Security Card
* Medicare Health Insurance Card
* Department of Veterans Affairs Identification Card
* Arizona Commercial Driver License

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 was inducted into the Army of the United States on 24 August 1965.  The primary identification number used at the time was the Soldier's assigned military service number.  The applicant's DD Form 47 (Record of Induction) reflects his assigned service number "US 5x 3xx 8xx and SSN
"4x5-xx-xxxx."

3.  His record contains a DA Form 41 (Record of Emergency Data) that shows his SSN as "4x5-xx-xxxx."  The applicant signed this form on 23 June 1967.  All other documents contained in his record reflect his assigned service number, no SSN.

4.  The applicant was honorably released from active duty on 23 August 1967 at the expiration of his term of service.  The DD Form 214 he was issued at the time shows his same assigned service number and his SSN as "4x5-xx-xxxx."  He also signed this document.

5.  The applicant provides a copy of his Social Security Card and Medicare Health Insurance Card that show his SSN as "5x4-xx-xxxx."

6.  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.  This regulation establishes standardized policy for the preparation of the DD Form 214.  The regulation in effect at the time of the applicant's separation stated the complete name and SSN of the separating service member would be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant requests correction of his DD Form 214 to show his SSN as "5x4-xx-xxxx" all but one of the documents in his military service record show he served in the Army using his assigned military service number.  However, his record contains a signed DA Form 41 that shows his SSN as "4x5-xx-xxxx.

2.  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.  While it is understandable the applicant desires to now record the requested SSN in his military records, there is not sufficient compelling reason for compromising the integrity of the Army's records at this late date.

3.  The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resources Record (AMHRR).  This should serve to clarify any questions or confusion in regard to the SSN recorded in his military records and to satisfy his desire to have his requested SSN documented in his AMHRR.

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)                                         AR20130001773



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130001773



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1