BOARD DATE:	  24 October 2014

		DOCKET NUMBER:  AR201300050 


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 XXX-XX-12.

2.  The applicant states his SSN is incorrectly recorded on his DD Form 214 as XXX-XX-.

3.  The applicant provides a copy of his 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.  The applicant's records indicate he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program on 16 February 1970 under SSN XXX-XX- with subsequent enlistment in the Regular Army on 24 February 1970.

3.  His records show he used the same SSN throughout his active duty service.  Every document in his records that required an SSN entry contained this same number, to include the following:

* DD Form 4 (Enlistment Contract – Armed Forces of the United States)
* DD Form 398 (Statement of Personal History)
* DA Form 20 (Enlisted Qualification Record)

4.  He was released from active duty on 21 December 1972.  His DD Form 214 shows SSN XXX-XX- and the applicant's signature indicating he authenticated the information on the form.

5.  The applicant provided a copy of his social security card which shows his SSN as XXX-XX-12.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The version in effect at the time of the applicant's release from active duty stated to transcribe the SSN from the Soldier's DA Form 2139 (Military Pay Voucher).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his SSN as recorded on his social security card.

2.  The evidence of record clearly shows the applicant enlisted in the USAR and in the Regular Army under the SSN XXX-XX-.

3.  The Army has an interest in maintaining the accuracy 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 will be filed in his military records.  This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military records and to satisfy his desire to have his current SSN documented.

5.  In view of the foregoing evidence, the applicant's 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 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)                                         AR201300050



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ABCMR Record of Proceedings (cont)                                         AR201300050



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