IN THE CASE OF:	   

		BOARD DATE:	  17 October 2013

		DOCKET NUMBER:  AR20130004191 


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) as "XXX-XX-."

2.  The applicant states his SSN is incorrectly listed on his DD Form 214.

3.  The applicant provides his birth certificate, DD Form 214, Florida identification card, 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 enlisted in the Regular Army on 6 December 1973.

3.  His records contain the following documents showing his SSN as 
"XXX-XX-":

* DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 3 March 1972
* DD Form 398 (Statement of Personal History)

4.  His DD Form 214 shows he was discharged from the Army on 19 December 1974.  His SSN is shown as "XXX-XX-."

5.  He provides his social security card which shows his SSN as "XXX-XX-."

6.  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.  This regulation establishes standardized policy for preparation of the DD Form 214.  The instructions in effect at the time of the applicant's release from active duty stated to verify the accuracy of the Soldier's SSN with the SSN of record.

DISCUSSION AND CONCLUSIONS:

1.  When the applicant enlisted in the Regular Army in 1973 he recorded his SSN as "XXX-XX-."  This SSN is listed on his DD Form 214 and is consistent with the SSN he used throughout his period of military service.  He did not use the requested SSN during his military 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.  While it is understandable that he now desires to record his current SSN in his service records and on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

3.  Absent convincing independent and verifiable evidence to the contrary, it is presumed that his military service records were correct at the time they were prepared.  Therefore, there is no basis to grant him relief.

4.  A copy of this decisional document will be filed in his military record to clarify the difference between his SSN of record and the SSN he currently uses.


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)                                         AR20130004191





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ABCMR Record of Proceedings (cont)                                         AR20130004191



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