IN THE CASE OF:  

		BOARD DATE:  	  5 January 2016

		DOCKET NUMBER:  AR20150004966


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as XXX-XX-.

2.  The applicant states he did not know his SSN when he was drafted and the Army said they would get it.

3.  The applicant provides:

* DD Form 214
* Department of Veterans Affairs Statement in Support of Claim containing a copy of his social security card showing his SSN as XXX-XX-

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 was inducted into the Army of the United States on 4 November 1965 for a period of 2 years.  His record of induction and induction orders show he was identified by a service number, not an SSN.

3.  He was honorably released from active duty on 3 November 1967 and transferred to the U.S. Army Reserve Control Group (Annual Training).  Item 3 (SSN) of his DD Form 214 shows his SSN as XXX-XX-.

4.  He was honorably discharged from the U.S. Army Reserve Control Group (Standby) on 3 November 1971.  U.S. Army Reserve Components Personnel and Administration Center Letter Orders Number 10-1242319 show his SSN as XXX-XX-.

5.  His available records do not contain a DA Form 2139 (Military Pay Voucher).

6.  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 stated to transcribe the SSN from the individual's DA Form 2139.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his SSN as shown on his social security card was carefully considered.

2.  There is no evidence the SSN shown on his social security card was ever recorded in his military records.

3.  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.  While it is understandable the applicant desires to now record a different SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records. 

4.  The applicant is advised that a copy of this decisional document will be filed in his official military personnel records.  This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military records and the SSN shown on his social security card.

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 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)                                         AR20150000725



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ABCMR Record of Proceedings (cont)                                         AR20150004966



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