BOARD DATE:	  10 October 2013

		DOCKET NUMBER:  AR20130004212 


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 423-XX-XXXX.

2.  The applicant states, in effect, the SSN listed in item 3 (SSN) of his DD Form 214 is incorrect. 

3.  The applicant provides no additional evidence.

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 on 17 March 1966.  At the time of his induction he was issued a service number.

3.  On 1 April 1967, the applicant completed a DD Form 398 (Statement of Personal History) which shows his SSN as 433-XX-XXXX.  This 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 11 March 1968 as an overseas returnee.  Item 3 of his DD Form 214 shows 433-XX-XXXX as his SSN.

5.  There is no document contained in the applicant's official record showing he used 423-XX-XXXX as his SSN while he was in an active duty status.

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.  It establishes standardized policy for the preparation of the DD Form 214 and states 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.

2.  However, he entered the Army and he used "433-XX-XXXX" as his SSN throughout his period of military service.  There is no evidence in the available record showing that he used "423-XX-XXXX" 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 no 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 Army Military Human Resource Record for future reference.

4.  In view of the foregoing, his 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)                                         AR20130004212



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ABCMR Record of Proceedings (cont)                                         AR20130004212



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