BOARD DATE: 5 September 2017 DOCKET NUMBER: AR20160003617 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: 5 September 2017 DOCKET NUMBER: AR20160003617 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: 5 September 2017 DOCKET NUMBER: AR20160003617 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 reflect his social security number (SSN) as XXX-xx-xxxx instead of XXX-xx-xxxx. 2. The applicant states the SSN presently shown on his DD Form 214 is incorrect. Officials at the Social Security Administration told him he was issued SSN XXX-xx-xxxx in 1965. 3. The applicant provides: * DD Form 214 * DD Form 215 (Correction to DD Form 214), dated 2 August 1978 * social security card * letter from the office of his Member of Congress, dated 19 January 2016 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 13 December 1966. His SSN is not reflected on his DD Form 4 (Enlistment Record – Armed Forces of the United States). 3. The following documents in his military records show his SSN as XXX-xx-xxxx: * DA Form 20 (Enlisted Qualification Record) * Headquarters, U.S. Army Field Artillery Center and Fort Sill, Special Orders Number 19, dated 19 January 1970 * DD Form 215, dated 2 August 1978 4. On 19 January 1970, he was discharged under honorable conditions. Item 3 (Social Security Number) of his DD Form 214 shows his SSN as XXX-xx-xxxx. 5. There are no documents in his military records showing his SSN as XXX-xx-xxxx. 6. The social security card he provided shows his SSN as XXX-xx-xxxx. 7. A letter from the office of his Member of Congress, dated 19 January 2016, states their office was able to obtain copies of the applicant’s DD Form 214 and DD Form 215, per his request, and provide him with sealed copies of each document. 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-xxxx, was ever recorded in his military records. All of his military records reflect his SSN as XXX-xx-xxxx. 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. 3. 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// ABCMR Record of Proceedings AR20150000953 Enclosure 1