BOARD DATE: 4 May 2017 DOCKET NUMBER: AR20160001276 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 BOARD DATE: 4 May 2017 DOCKET NUMBER: AR20160001276 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. BOARD DATE: 4 May 2017 DOCKET NUMBER: AR20160001276 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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as XXX-60-XXXX instead of XXX-06-XXXX. 2. He states his SSN is incorrect. 3. He provides his DD Form 214 and 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 DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows he enlisted in the Regular Army on 21 September 1981 and lists his SSN as XXX-06-XXXX 3. All the documents containing an SSN in his military personnel records list his SSN as XXX-06-XXXX. These documents include the following: * DA Form 2-1 (Personnel Qualification Record – Part II) * VA Form 29-8286 (Servicemen's Group Life Insurance Election), dated 23 September 1981 * DA Form 428 (Application for Identification Card), dated 31 January 1984 4. On 17 February 1984, he was honorably released from active duty. Item 3 (SSN) of his DD Form 214 shows his SSN as XXX-06-XXXX. 5. He provides his social security card, issued on 24 June 2015, which shows his SSN as XXX-60-XXXX. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. The applicant used the SSN XXX-06-XXXX throughout his service and at the time of his release from active duty. There is no evidence of record that shows he ever presented XXX-60-XXXX as his SSN or used this SSN during his active duty service. 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 of records creation. In the absence of showing a material error or injustice, there is a reluctance to recommend a change to those records. 3. The Army Review Boards Agency will file a copy of this decisional document in his official military personnel file (OMPF). This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military record and to satisfy his desire to have his correct SSN documented in his OMPF. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001276 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001276 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2