SAMR-RBA MEMORANDUM FOR Army Review Boards Agency, Case Management Division, 251 18th Street South, Suite 385, Arlington, VA 22202-3531 SUBJECT: Army Board for Correction of Military Records Record of Proceedings for AR20160001699 The application submitted by the individual concerned has been denied by the Army Board for Correction of Military Records. BY ORDER OF THE SECRETARY OF THE ARMY: Encl CF: ( x ) OMPF IN THE CASE OF: BOARD DATE: 16 DECEMBER 2016 DOCKET NUMBER: AR20160001699 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 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: 16 DECEMBER 2016 DOCKET NUMBER: AR20160001699 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. 12/16/2016 X 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: 16 DECEMBER 2016 DOCKET NUMBER: AR20160001699 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 reflect his social security number (SSN) as XXX-XX-1XXX in lieu of XXX-XX-2XXX. 2. The applicant states his SSN was typed incorrectly on his DD Form 214, which causes him problems at the Department of Veterans Affairs Medical Center. 3. The applicant provides: * DD Form 214 * social security card * driver's license 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 October 1986. His DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows his SSN as XXX-XX-2XXX. 3. The following documents in his military records all show his SSN as XXX-XX-2XXX: * Standard Form 88 (Report of Medical Examination), dated 12 September 1986 * Standard Form 83 (Report of Medical History), dated 12 September 1986 * U.S. Army Reserve Personnel Center, Orders D-10-485091, dated 11 October 1994 4. On 4 October 1989, he was honorably released from active duty. Item 3 (Social Security Number) of his DD Form 214 shows his SSN as XXX-XX-2XXX. 5. There are no documents in his military records showing his SSN as XXX-XX-1XXX. 6. The social security card he provided shows his SSN as XXX-XX-1XXX. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers at the time of 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 general instructions stated all available records would be used as a basis for preparation of the DD Form 214. DISCUSSION: 1. There is no evidence the SSN shown on his social security card, XXX-XX-1XXX, was ever recorded in his military records. All of his military records reflect his SSN as XXX-XX-2XXX. 2. Absent convincing, independent, and verifiable evidence to the contrary, it is presumed that the SSN shown on his DD Form 214 was appropriately derived from his service records at the time of preparation. 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. 4. A copy of this decisional document will be filed in the applicant's official military records. This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military records and that shown on his social security card. //NOTHING FOLLOWS//