IN THE CASE OF: BOARD DATE: :24 March 2016 DOCKET NUMBER: AR20150009175 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ____X____ ___X_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 24 March 2016 DOCKET NUMBER: AR20150009175 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. IN THE CASE OF: BOARD DATE: 24 March 2016 DOCKET NUMBER: AR20150009175 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, in duplicate applications, correction of his DD Form 214 (Report of Separation from Active Duty) to show the social security number (SSN) that is listed on the social security card that he provided. 2. The applicant states the SSN listed on his DD Form 214 is incorrect. He states he was issued one SSN as a teenager and another SSN as an adult. 3. The applicant provides: * Two Department of Veterans Affairs (VA) letters, dated 29 April 2015 * Social Security Card * Social Security Administration letter (SSA), dated 16 June 2015 * National Personnel Records Center (NPRC) letter, dated 19 May 2015 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. On 8 October 1974, the applicant completed a DD Form 398 (Statement of Personal History) and he listed the first three digits of his SSN as "371." 3. The applicant enlisted in the Regular Army on 10 October 1974. His DD Form 4 (Enlistment Contract) lists the first three digits of his SSN as "371." 4. The applicant's records contains a DD Form 1584 (National Agency Check Request), dated 16 October 1974, which lists the SSN that is shown on the above DD Form 398 and DD Form 4. 5. The applicant was honorably discharged on 6 December 1974 and his DD Form 214 shows an SSN with the first three digits as "371." In fact, this SSN is listed on every document in his Official Military Personnel File (OMPF). 6. He provides a social security card which shows an SSN with the first three digits as"377." He also provides letters from the VA, SSA, and the NPRC, which reference this SSN. REFERENCES: 1. 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. The regulation stated that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant's contentions have been noted and his supporting evidence has been considered. 2. It is unclear how he could have been issued one SSN as a teenager and a totally different SSN as an adult. However, his records show that he enlisted in the Army using the SSN which is listed on his DD Form 214 and he used this SSN through his period of military service. 3. There is no evidence in the available records showing that he ever used the SSN that is listed on the social security card that he provided during his period of military service. 4. 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 in the applicant's record reflects the SSN that he used when he served. Therefore, there is a reluctance to change his official records. However, this decisional document will be included in his OMPF for future reference. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) @#!CASENUMBER 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009175 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2