BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20160017488 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ____xx____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20160017488 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: 1 August 2018 DOCKET NUMBER: AR20160017488 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 1978 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as "XXX-XX-XX" vice "XXX-XX-XX." He further requests correction to show his year of birth as 1957 vice 1955. 2. The applicant states, in effect, his 1978 DD Form 214 contains administrative errors. 3. The applicant provides his 1978 DD Form 214, social security card and certificate of birth. 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 Army National Guard of the United States (ARNGUS) on 24 February 1974. In conjunction with his enlistment, he and a government official signed a DD Form 4 (Enlistment Contract – Armed Forces of the United States) showing his year of birth as 1955 and his SSN as "XXX-XX- XX." 3. As a member of the Puerto Rico Army National Guard (PRARNG) he entered active duty for training on 16 May 1974 and was honorably released from active duty on 20 September 1974. He was issued a DD Form 214 for this period of service showing his year of birth as 1955 and his SSN as "XXX-XX-XX." 4. On 1 June 1976 the applicant was discharged from the PRARNG. He was issued a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service in the ARNG of Puerto Rico). This form shows his year of birth as 1955 and his SSN as "XXX-XX-XX." 5. On 2 June 1976 the applicant was ordered to active duty as a reservist. 6. The documents in his military record containing an SSN show his SSN as "XXX-XX-XX." These documents include the following: * Letter Orders E-04-162 dated 27 April 1976 * DD Form 1584 (National Agency Check Request) dated 4 June 1976 * DA Form 428 (Application for Identification Card) dated 22 June 1977 * Orders 15-27 dated 23 January 1978 7. The documents in his military record containing his year of birth as 1955 include: * DD Form 4 * DD Form 1584 (National Agency Check Request) dated 4 June 1976 * DA Form 428 (Application for Identification Card) dated 22 June 1977 8. His records do not contain any evidence showing he changed or attempted to change his SSN or year of birth during the period of his military service. 9. On 24 January 1978 he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows his SSN as "XXX-XX-XX" and his year of birth as 1955. 10. The applicant provides a copy of his social security card issued on 21 July 2015 showing his SSN as "XXX-XX-XX." He also provides a copy of a certificate of birth showing his year of birth as 1957 and this certificate was issued on 6 June 2005. REFERENCES: Army Regulation 635-5 (Separation Documents), in pertinent part, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. Verify the SSN with source documents filed in the official military personnel record. DISCUSSION: 1. The applicant provided a SSN is the social security card and a certificate of birth showing the SSN and year of birth he now requests. 2. There is no evidence in his military records showing the applicant used the SSN "XXX-XX-XX" or the year of birth 1957 during his period of military service. 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 changing those records. 4. The ABCMR will file a copy of this decisional document in his official military personnel file. 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) AR20160017488 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160017488 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2