BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160003004 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: 17 August 2017 DOCKET NUMBER: AR20160003004 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: 17 August 2017 DOCKET NUMBER: AR20160003004 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 (Armed Forces of the United States Report of Transfer or Discharge) and his Official Military Personnel File to show his social security number (SSN) as 556-XX-XXXX. 2. The applicant states he believes the error occurred between the Los Angeles Induction Center and Fort Ord, California. He was required to turn in his social security card and when he got his card back, it was wrong. At that time, he didn't have his SSN memorized and it wasn't until 1973-1974 when processing his first Department of Veterans Affairs home loan that he discovered it was wrong. 3. The applicant provides: * social security card * DD Form 214 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 military records are not available for review. The National Personnel Records Center search failed to locate his service records. This case is being considered based on the documents provided by the applicant. 3. The copy of the DD Form 214 he provided shows: a. the first three digits of his typewritten SSN in item 3 (SSN) are illegible/ crossed out and the SSN 556-XX-XXXX is handwritten in the margin above the block; b. he was inducted into the Army of the United States on 16 April 1969; c. he enlisted in the Regular Army on 23 April 1969 for a period of 3 years and entered active duty on that date; and d. he was released from active duty on 1 December 1971. 4. He provided a copy of his social security card showing his SSN as 556-XX-XXXX. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The instructions for item 3 stated to verify the accuracy with the SSN of record. 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. 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 contends the SSN shown on his DD Form 214 is incorrect. He provided his social security card that shows his SSN as 556-XX-XXXX. 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. The first three digits of the SSN shown in item 3 of the DD Form 214 he provided are illegible. In the absence of Army records showing he ever used SSN 556-XX-XXXX during his military service, administrative regularity must be presumed. 4. The applicant's military records are not available for review. He is advised that a copy of this decisional document will be filed in his reconstructed records along with the documents he provided. This should serve to clarify any questions or confusion regarding the SSN recorded on his DD Form 214 and the SSN shown on his social security card. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003004 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003004 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2