IN THE CASE OF: 

		BOARD DATE: 14 February 2023

		DOCKET NUMBER: AR20220005723


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to show his social security number (SSN) as 

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 for the period 4 November 1969 to 24 October 1972
*	DD Form 215 (Correction to DD Form 214)

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. 
Code, section 1552(b); however, the Army Board for Correction of Military Records 
(ABCMR) conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states the wrong SSN is listed on his DD Form 214. 

3.  The applicant’s service records are not available for review. An exhaustive search 
was conducted to locate his service records which are necessary in the processing of 
his case. Unfortunately, they could not be found. However, the applicant provides a DD 
Form 214 which is sufficient to conduct a fair and impartial review of his case. 

4.  The applicant’s DD Form 214 shows he enlisted in the Regular Army and entered 
active duty on 4 November 1969. His Enlistment Contract is not available for review. His 
DD Form 214 shows his last tour was in Germany and that he had 174 days of lost time. 

5.  He was discharged on 24 October 1972. His DD Form 214 is not available for review 
with this case. 

6.  On 27 October 1978, his case was considered by the DOD Special Discharge 
Review Board. As a result, he was issued a DD Form 215 (Correction to DD Form 214) 
indicating that a determination was made that the characterization of service warranted 
a change under DOD SDRP, 4 April 1977. This DD Form 215 listed his SSN as 

7.  On an unknown date, he was reissued a DD Form 214 (Report of Separation from 
Active Duty) reflecting his upgraded characterization of service to general, under 
honorable conditions. This DD Form 215 listed his SSN as 

8.  The applicant previously provided a social security card, issued in August 2017, 
reflective of his new name (he has since changed his name) and the requested SSN 

9.  By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most 
recent period of continuous active duty. The information entered thereon reflects the 
conditions as they existed at the time of separation.

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was not warranted. The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered. The 
applicant’s service records are not available for review. There is no evidence he used 
the requested SSN at time during the period covered by his DD Form 214. The Board is 
not an investigative body; it decides cases based on the evidence that is presented in 
the military records and the independent evidence submitted with the application. The 
applicant has the burden of proving an error or injustice by a preponderance of the 
evidence. Additionally, the Army has an interest in maintaining the integrity of its records 
for historical purposes. The information in those records must reflect the conditions and 
circumstances that existed at the time the records were created, unless there is 
sufficient evidence that shows a material error or injustice. Based on a preponderance 
of evidence, the Board determined that the SSN shown on the DD Form 214 he 
received at separation was not in error or unjust.
?
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION


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.

	 
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.


REFERENCES:

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 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.

2.  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. The DD 
Form 214 is a summary of the Soldier's most recent period of continuous active duty. It 
provides a brief, clear-cut record of all current active, prior active, and prior inactive duty 
service at the time of release from active duty, retirement, or discharge. The information 
entered thereon reflects the conditions as they existed at the time of separation. 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. The specific instructions for item 3 stated to verify the 
accuracy with the SSN of record.

3.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for 
correction of military records by the Secretary of the Army, acting through the ABCMR.  
The ABCMR begins its consideration of each case with the presumption of 
administrative regularity, which is that what the Army did was correct. The ABCMR is 
not an investigative body and decides cases based on the evidence that is presented in 
the military records provided and the independent evidence submitted with the 
application. The applicant has the burden of proving an error or injustice by a 
preponderance of the evidence.  

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220005723


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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