BOARD DATE:  15 March 2016

		DOCKET NUMBER:  AR20150009655


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as it is listed on his social security card.

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

3.  The applicant provides copies of his Birth Registration Certificate, his social security card, and his DD Form 214.

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 
2 July 1962.  At that time, Soldiers were assigned Army service numbers for identification purposes.

3.  He was honorably released from active duty (REFRAD) on 23 June 1964.  His DD Form 214 shows in Item 32 (Remarks) his SSN as “XXX-XX-XX55.”

4.  His record contains his DA Form 20 (Enlisted Qualification Record) and DA Form 24 (Service Record) showing his SSN as “XXX-XX-XX55.”  There are no documents in his available records showing he used the SSN he now claims is correct during his active duty service.

5.  The applicant provides a copy of his social security card showing his SSN as “XXX-X-XX95.”
 
6.  Army Regulation 635-5 (Separation Documents) at the time provided guidance on preparation of the DD Form 214.  This regulation has historically stated that item 3 will contain the SSN taken from the Soldier's personnel record.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant served and was REFRAD using SSN “XXX-XX-XX55.”

2.  There are no available records showing he used the SSN he now claims is correct during his active duty service.

3.  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.  While it might be understandable that the applicant now desires the record to show his current SSN in the absence of a showing of material error or injustice, there is a reluctance to recommend that his records be changed.

4.  The applicant is advised that a copy of this decisional document will be filed in his official military personnel file.  This should serve to clarify any questions or confusion in regard to the difference in the SSN in his military record and the SSN he now uses.

5.  In view of the above, there is no basis for granting the applicant's requested relief.



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)                                         AR20100023544



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ABCMR Record of Proceedings (cont)                                         AR20150009655



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