IN THE CASE OF: BOARD DATE: 3 September 2013 DOCKET NUMBER: AR20130002558 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) with the third digit as 3 vice 5. 2. The applicant states his SSN is wrong on his DD Form 214 due to a military error. 3. The applicant provides his DD Form 214 and a statement. 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 records show he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 26 June 1980. His DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) that was completed on 26 June 1980 shows his SSN with the third digit as 5. He authenticated this form by placing his signature in the appropriate block on that date. He was discharged from the DEP on 14 July 1980. 3. He enlisted in the Regular Army (RA) on 15 July 1980. His DA Form 2-1 (Personnel Qualification Record) created upon his entry on active duty shows his SSN with the third digit as 5. He authenticated this form by placing his signature in the appropriate block on 17 July 1980 and when he reviewed the form on 3 March 1981. 4. His record contains numerous orders, personnel, medical, and legal documents, to include a DA Form 873 (Certificate of Clearance and/or Security Determination), dated 21 October 1980, that all show his SSN with the third digit as 5. He authenticated many of these documents by placing his signature in the appropriate block. 5. He was honorably released from active duty on 14 July 1983 and he was transferred to the U.S. Army Reserve. He completed 3 years of creditable active service. 6. Item 3 (SSN) of the DD Form 214 he was issued shows his SSN with the third digit as 5. 7. The applicant provides a statement from the Driver Services Division, Conyers, GA, dated 30 March 2004, wherein it shows his SSN with the third digit as 5. It also shows an entry wherein he listed his corrected SSN with the third digit as 3. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant listed his SSN with the third digit as 5 upon his enlistment in the USAR and his entry into the RA. This SSN is consistent with the SSN he used throughout his entire period of military service. He authenticated many documents by placing his signature in the appropriate place indicating the information provided, including his SSN, was correct. He did not use the SSN he now claims during his period of 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 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 and there is not a sufficiently compelling reason for compromising the integrity of the Army’s records. Therefore, he is not entitled to the correction of his DD Form 214 to show his SSN with the third digit as 3. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X___ ____X___ ___X__ _ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that 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. ABCMR Record of Proceedings (cont) AR20130002558 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130002558 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1