BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160004140 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: 17 August 2017 DOCKET NUMBER: AR20160004140 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: 17 August 2017 DOCKET NUMBER: AR20160004140 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 record to show his social security number (SSN) as 264-XX-XXXX. 2. The applicant states prior to military enlistment his social security card incorrectly showed his deceased father's SSN. He did not know the SSN was incorrect at the time. He needs this correction to obtain veteran's benefits. 3. The applicant provides: * social security card * Certificate of Death * Certification of Birth * Birth Registration Card * passport photo * Honorable Discharge Certificate * U.S. Army Training Center Basic Training Certificate * two Army Achievement Medal Certificates * 1st Battalion, 6th Infantry, Certificate of Appreciation * Central Texas College-Europe Campus course completion certificate * Winter Program Adventure Training certificate * driver's license * Armed Forces of the United States Identification Card * Photographs of the applicant and another male in uniform 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 19 May 1983. 3. On 28 March 1986, Headquarters, 2d Armored Division, Fort Hood, TX, issued Orders 64-33 releasing him from active duty effective 14 April 1986. The orders show his SSN as 265-XX-XXXX. 4. On 14 April 1986, he was honorably released from active duty. Item 3 (SSN) of his DD Form 214 shows his SSN as 265-XX-XXXX.[LP1] 5. U.S. Army Reserve Personnel Center, St. Louis, MO, issued Orders 0-05-045329 honorably discharging him from the U.S. Army Reserve effective 18 May 1989. The orders show his SSN as 265-XX-XXXX. 6. Review of his military service records and the records he provided failed to reveal any documents showing his SSN was recorded as 264-XX-XXXX during his military service. 7. He provided a photocopy of a social security card showing his SSN is 264-XX-XXXX. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide an individual with documentary evidence of his or her military service. It is important that information entered on the form is complete and accurate. The instructions for item 3 of the DD Form 214 stated to verify accuracy with the SSN of record. DISCUSSION: 1. The applicant states he was not aware of his incorrect SSN during his military service. A review of his record shows the SSN shown on the social security card he provided was never recorded in his military records. 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. 3. Absent other Army records to the contrary, it is presumed that the applicant's military service records, including his DD Form 214, were correct at the time of preparation. 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 recorded in his military record and that shown on his social security card. //NOTHING FOLLOWS// [LP1]Timeline? ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004140 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004140 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2