IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20160013515 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 IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20160013515 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. IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20160013515 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 show his social security number (SSN) as "" instead of "." 2. The applicant states: a. This is an unusual case. At the time of his entry into the service on 21 February 1980, at 19 years of age (he turned 20 years of age on 19 December 1980), he had never used an SSN before. He had to apply and have one issued. His father applied to the Social Security Administration for issuance of an SSN to him [applicant]. However, at the time of his enlistment, when the recruiter asked his father for the SSN, his father literally gave the recruiter his number. Therefore, his father's SSN is shown throughout his service records. b. He has applied for benefits and the Department of Veterans Affairs (VA) has repeatedly advised him that there is a problem because his SSN does not match the SSN shown in his military service record. He needs to have this corrected to reflect his correct SSN of "" in order to process his VA claim. A member of congress advised him that applying to the Board was the process to fix the problem. 3. The applicant provides his DD Form 214, Social Security Card, birth certificate, and his father's death certificate. 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's records contain a DD Form 1966/1 (Application for Enlistment – Armed Forces of the United States), dated 12 February 1980, which lists his SSN as "." He authenticated this form with his signature on the same date. 3. He enlisted in the U.S. Army Reserve (USAR) on 15 February 1980. His DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 15 February 1980, lists his SSN as "." 4. He enlisted in the Regular Army (RA) on 21 February 1980 and he held military occupational specialty 54E (Chemical Operations Specialist). 5. His record also contain the following: * DD Form 4/4, dated 21 February 1980, lists his SSN as "" * DA Form 2-1 (Personnel Qualification Record – Part I), reviewed on 5 May 1981, which lists his SSN as "" * DD Form 93 (Record of Emergency Data), dated 6 May 1981, which lists his SSN as "" * Orders 131-36, dated 14 may 1981, which lists his SSN as "" 6. He was discharged, under honorable conditions, on 14 May 1981. His DD Form 214 shows he completed 1 years, 2 months, and 19 days of net active service. Item 3 (SSN) of his DD Form 214 shows his SSN as "." 7. He provides the following: * his Social Security Card, which lists his SSN as " * his birth certificate, which does not list his SSN * his father's death certificate, which lists his father's SSN as "" REFERENCE: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The regulation stated item 3 would list the SSN of record. DISCUSSION: 1. The evidence of record shows the applicant enlisted and served in the USAR and RA under the SSN listed in item 3 of his DD Form 214. The SSN shown on the Social Security Card he provided was never documented 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160013515 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013515 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2