IN THE CASE OF: 

		BOARD DATE:	    29 April 2014

		DOCKET NUMBER:  AR20130014900 


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 (Report of Separation from Active Duty) to show a Social Security Number (SSN) ending in .

2.  The applicant states he has the wrong SSN on his DD Form 214.

3.  The applicant provides a copy of a DD Form 214 with an identical name as the applicant and an SSN ending in  and a copy of his Social Security card showing an SSN ending in .

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 7 June 1973 using the SSN ending in  and that SSN was used exclusively throughout his period of service.

3.  The record contains an Internal Revenue Service Form SS-5 (Application for Social Security Number (Or Replacement for Lost Card), dated 7 June 1973.  Therein the FSM indicated that he had previously been issued an SSN that matches the number used throughout this period of active duty.

4.  The FSM was separated on 10 December 1975.

5.  Army Regulation 635-5 (Separation Documents), in effect at the time, 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 required that all available records were to be used a verify the data entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant offered no supporting evidence and no explanation to account for the discrepancy in SSNs. 

2.  For historical purposes, 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.  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 record his current SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records.

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)                                         AR20130014900





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ABCMR Record of Proceedings (cont)                                         AR20130014900



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