BOARD DATE: 2 May 2017 DOCKET NUMBER: AR20160001023 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 BOARD DATE: 2 May 2017 DOCKET NUMBER: AR20160001023 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. BOARD DATE: 2 May 2017 DOCKET NUMBER: AR20160001023 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 "X56-XX-XXXX" instead of "X62-XX-XXXX." The applicant also requests a personal appearance hearing. 2. The applicant states, in effect, his DD Form 214 incorrectly lists his SSN. 3. The applicant provides his DD Form 214 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 1 October 1973. 3. A review of documents contained in his available military personnel record, some of which bear his signature, show his SSN consistently appears as "X62-XX-XXXX." 4. The applicant was discharged on 15 September 1974. Item 3 (SSN) of his DD Form 214 shows his SSN as "X62-XX-XXXX" and this document bears his signature. 5. He provided a copy of a social security card, which lists his SSN as "X56-XX-XXXX." REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation established standardized policy for the preparation of the DD Form 214. It stated, in pertinent part, that the complete name and SSN of the separating service member would be entered on the DD Form 214. 2. Army Regulation 15-185 (ABCMR) states that applicants do not have a right to a formal hearing before the ABCMR. The Director of the ABCMR or the panel of the ABCMR may grant a formal hearing whenever justice requires. DISCUSSION: 1. The applicant's request for a personal appearance hearing was carefully considered. However, by regulation, an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. In this case, the evidence of record and evidence provided by the applicant are sufficient to render a fair and equitable decision at this time. 2. The applicant contends the ABCMR should correct his military records to show his SSN as "X56-XX-XXXX." 3. The available evidence shows his SSN consistently appeared as "X62-XX-XXXX" throughout his period of service. He authenticated his DD Form 214 and some of these documents by placing his signature in the appropriate blocks. 4. 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 of creation. In the absence of a showing of material error or injustice, there is a reluctance to recommend changing those records. 5. A copy of this decisional document will be filed in his official record. This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military record and the SSN he currently uses. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001023 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001023 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2