IN THE CASE OF: BOARD DATE: 8 March 2016 DOCKET NUMBER: AR20150008756 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: 8 March 2016 DOCKET NUMBER: AR20150008756 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: 8 March 2016 DOCKET NUMBER: AR20150008756 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) as "XXX-XX-" instead of "XXX-XX-." 2. The applicant states his SSN is incorrectly listed on his DD Form 214. The mistake was made on day 1 of his entry in the Army. 3. The applicant provides: * DD Form 214 * social security card * state driver's license * Department of Veterans Affairs (VA) Identification Card * Report of Confidential Social Security Benefit Information 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 U.S. Army Reserve under the Delayed Entry Program on 30 January 1980. His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) and allied documents list his SSN as "XXX-XX-." He authenticated this form with his signature. 3. His DD Form 1966/7 (Application for Enlistment) shows in item 40 (Data Verification by Recruiter) his name was verified via a birth certificate and his SSN was verified via a pay check stub. 4. He was discharged from the U.S. Army Reserve on 18 February 1980 and subsequently enlisted in the Regular Army on 19 February 1980. On the date of his enlistment, the Newark Armed Forces Examining and Entrance Station published his enlistment/travel order that listed his SSN as "XXX-XX-." 5. His DA Form 2A (Personnel Qualification Record – Part I) and DA Form 2-1 (Personnel Qualification Record – Part II)) which were created upon his entry on active duty listed this SSN. 6. Multiple documents in his service records show his SSN as "XXX-XX-" and include the documents below. He authenticated some of these documents as required by placing his signature in the appropriate blocks. * multiple Records of Proceedings under Article 15 * DA Form 428 (Application for Identification Card) * DD Form 1172 (Application for Uniformed Services Identification and Privilege Card) * DD Form 93 (Record of Emergency Data) * separation and assignment orders * Bar to Reenlistment Certificate * Certificate of Clearance and/or Security Determination 7. He was honorably discharged under the Expeditious Discharge Program on 23 March 1982. Item 3 (SSN) of his DD Form 214 lists his SSN as "XXX-XX-." 8. He provides: * a social security card that shows a name similar to his with the SSN listed as "XXX-XX-" * a state driver's license and a VA medical identification card that list a name similar to his * Report of Confidential Social Security Benefit Information informing him that the SSN listed on his DD Form 214 is not what is reflected in Social Security Administration records REFERENCES: 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. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of separation. DISCUSSION: 1. The evidence of record shows the applicant's SSN was listed as "XXX-XX-" upon his enlistment. He consistently used this SSN throughout his military service. He authenticated several documents by placing his signature in the appropriate blocks, indicating this was his correct SSN. He never used the requested SSN at any time 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 he 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 at this late date. 3. Absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including his DD Form 214, were correct at the time these forms were prepared. 4. The applicant is advised that a copy of this decisional document which reflects his current SSN will be filed in his official military personnel file (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military records and to satisfy his desire to have his current SSN documented in his OMPF. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150008756 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150008756 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2