IN THE CASE OF: BOARD DATE: 27 October 2016 DOCKET NUMBER: AR20150013623 BOARD VOTE: ___x_____ __x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 27 October 2016 DOCKET NUMBER: AR20150013623 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 2 December 1972 to show the social security number shown on his social security card. ___________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: 27 October 2016 DOCKET NUMBER: AR20150013623 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 his social security number (SSN) be changed from XXX-8x-XXXX to read XXX-6x-XXXX on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 2 December 1972. 2. The applicant states his correct SSN is XXX-6x-XXXX. 3. The applicant provides: * DD Form 214 * his social security card * Certificate of Honorable Discharge, dated 23 May 1978 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. In the processing of this case the ABCMR was unable to obtain the applicant's military personnel service records from the National Personnel Records Center in St. Louis, MO. The only record available to the ABCMR were the documents provided by the applicant. 3. His DD Form 214 shows he entered active duty for training on 27 July 1972. On 2 December 1972, he was released from active duty and returned to the Wisconsin Army National Guard (WIARNG). 4. His DD Form 214 shows his SSN as XXX-8x-XXXX. 5. His social security card shows his SSN as XXX-6x-XXXX. 6. He provided his Honorable Discharge Certificate issued by the WIARNG on 23 May 1978 that shows his SSN as XXX-6x-XXXX. REFERENCES: 1. 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. 2. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation. DISCUSSION: 1. Due to the unavailability of his military service records, there is no evidence to verify the SSN shown on his enlistment contract and other documents therein. In the absence of evidence to the contrary, it is presumed the SSN entered on his DD Form 214 is correct. 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. There is a reluctance to recommend that those records be changed. //NOTHING FOLLOWS//