IN THE CASE OF: BOARD DATE: 3 October 2017 DOCKET NUMBER: AR20160003460 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: 3 October 2017 DOCKET NUMBER: AR20160003460 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: 3 October 2017 DOCKET NUMBER: AR20160003460 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 the social security number (SSN) shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states the military recorded his SSN as "XXX-34-XXXX." His SSN is and always has been "XXX-43-XXXX." 3. The applicant 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 the cases 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. 2. The applicant's military service records contain a DD Form 4/1 (Enlistment/ Reenlistment Document – Armed Forces of the United States), dated 8 February 1980, listing his SSN as "XXX-34-XXXX." He authenticated this form by placing his signature in the appropriate block. 3. He enlisted in the Regular Army (RA) on 4 March 1980. His military service records also contain: * Orders 134-45, issued by the U.S. Army Regional Personnel Center Giessen, APO NY, on 14 May 1981, transferring him for separation processing; the orders list his SSN as "XXX-34-XXXX" * DA Form 2-1 (Personnel Qualification Record – Part II), dated 21 May 1981, listing his SSN as "XXX-34-XXXX;" he authenticated this form by placing his signature in the appropriate block * multiple documents prepared during his period of active duty listing his SSN as "XXX-34-XXXX" 4. He was discharged on 22 May 1981. His DD Form 214 lists in: * Item 3 (SSN) – his SSN as "XXX-34-XXXX * Item 21 (Signature of Member Being Separated) – his signature 5. He provided his social security card listing his SSN as "XXX-43-XXXX." REFERENCE: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established the standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation stated item 3 would list the SSN verified in the Soldier's record. The instructions for item 21 stated the Soldier's signature indicated the Soldier reviewed the form and accepted the information as being correct to the best of his/her knowledge. DISCUSSION: 1. The evidence of records shows the applicant served in the RA with the SSN of "XXX-34-XXXX." He signed a DD Form 4/1 and DA Form 2-1 that listed his SSN as "XXX-34-XXXX. He also authenticated the DD Form 214 with his signature in item 21 on 22 May 1981, which by regulation was his verification that he reviewed the DD Form 214 and the information on it was correct to the best of his knowledge at the time. Absent independent and verifiable evidence to the contrary, it is presumed his DD Form 214 was correct at the time it was prepared. 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 showing a material error or injustice, there is no reason for compromising the integrity of the Army's records. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003460 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003460 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2