IN THE CASE OF:  

		BOARD DATE:  1 November 2016

		DOCKET NUMBER:  AR20150014146


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:  1 November 2016

		DOCKET NUMBER:  AR20150014146


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:  1 November 2016

		DOCKET NUMBER:  AR20150014146


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 his social security number (SSN) from "xxx-xx-xxxx" to "xxx-xx-xxxx" (a completely different number). 

2.  The applicant states he lost his original social security card and a new card was issued to him.  His original SSN was "xxx-xx-xxxx."  The new SSN is "xxx-xx-xxxx." 

3.  The applicant provides his DD Form 214, social security card, and driver license. 

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, and 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 connection with his enlistment in the New Jersey Army National Guard (NJARNG), the applicant completed a DD Form 398 (Statement of Personal History).  He did not disclose an SSN. 

3.  He enlisted in the NJARNG on 22 July 1976.  His DD Form 4 (Enlistment Contract - Armed Forces of the United States) listed his SSN as "xxx-xx-xxxx."  He authenticated this contract with his signature. 

4.  On 11 August 1976, the NJARNG published Orders 29-10 ordering him to active duty for training (ADT).  The orders listed his SSN as "xxx-xx-xxxx." 

5.  He entered ADT on 5 September 1976.  His DA Form 2-1 (Personnel Qualification Record) listed his SSN as "xxx-xx-xxxx." 

6.  He was honorably released from ADT to the control of his ARNG unit on 28 February 1977.  Item 3 (SSN) of his DD Form 214 listed his SSN as "xxx-xx-xxxx."  

7.  On 28 April 1977, Headquarters, 1st Battalion, 113th Infantry, Jersey City, NJ, published Orders 7-1 ordering his attachment to Company B of the same battalion.  The orders listed his SSN as "xxx-xx-xxxx."  

8.  On 22 May 1979, NJARNG published Orders 96-12 ordering his discharge from the ARNG and reassignment to the U.S. Army Reserve Control Group (Reinforcement).  The orders listed his SSN as "xxx-xx-xxxx."  

9.  On 30 June 1982, Headquarters, Reserve Components Personnel and Administration Center, St. Louis, MO, published Orders 06-1034399 ordering his honorable discharge from the U.S. Army Reserve effective 21 July 1982.  The orders listed his SSN as "xxx-xx-xxxx."  

10.  He provides a social security card that lists the SSN "xxx-xx-xxxx." 

REFERENCES:

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.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.



DISCUSSION:

1.  The evidence of record shows that upon his enlistment in the NJARNG, the applicant's SSN was listed as "xxx-xx-xxxx."  He used this SSN when he entered active duty and consistently used this SSN throughout his active and inactive military service.  He did not use the requested SSN at any time during his service.

2.  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.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.

3.  While it is understandable the applicant desires to now record a different SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.  Absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, were correct at the time they were created.

//NOTHING FOLLOWS//