IN THE CASE OF: BOARD DATE: 7 June 2023 DOCKET NUMBER: AR20230001035 APPLICANT REQUESTS: * Correction of the social security number (SSN) listed on his DD Form 214 (Report of Separation from Active Duty) * Permission to appear personally before the Board, via video/telephone APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * SSN Card * State Identification Card (ID) * Birth Certificate FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10 (Armed Forces), United States Code (USC), section 1552 (b) (Correction of Military Records: Claims Incident Thereto). 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 his DD Form 214, ending 29 September 1979, has the wrong SSN. As reflected on his SSN card, the correct number is ""; the DD Form 214 currently shows, "." In support of his request, the applicant provides copies of his SSN card, State ID, and birth certificate. 3. A review of the applicant's service record shows the following: a. On 30 October 1978, the applicant and his recruiter completed a DD Form 1966 (Application for Enlistment – Armed Forces of the United States). (1) Item 2 (SSN) listed the applicant's SSN as, "." (2) Section V (Certification), item 43 (Data Verification: To be completed by the recruiter who enters a description of the actual documents reviewed by him/her to verify – Other). The recruiter affirmed reviewing the applicant's SSN card. b. On 1 November 1978, the applicant enlisted into the U.S. Army Reserve (USAR) for 8 years. On 16 April 1979, he entered initial active duty for training (IADT) to complete his initial entry training; on 29 September 1979, after the award of military occupational specialty 51B (Carpentry and Masonry Specialist), the Army honorably released the applicant from active duty and returned him to his USAR Troop Program Unit (TPU). His DD Form 214 shows he completed 5 months and 14 days of net active duty, and item 3 (SSN) states his SSN is, "." c. Effective 4 May 1981, based on the applicant's unsatisfactory participation, First U.S. Army orders relieved the applicant from his TPU and reassigned him to the USAR Control Group (Annual Training); the additional instructions reflected a character of service of "Under Other than Honorable Conditions." d. On 28 September 1984, U.S. Army Reserve Personnel Center orders honorably discharged the applicant from the Ready Reserve, effective 31 October 1984. e. A review of the applicant's available service record reveals the absence of any documents with SSN, "XXX-X8-X48X"; all documents list the applicant's SSN as, "." 4. Army Regulation (AR) 15-185 (ABCMR) states an applicant is not entitled to a hearing before the Board; however, the request for a hearing may be authorized by a panel of the Board or by the Director of ABCMR. 5. AR 635-5 (Separation Documents), in effect at the time, stated the purpose of separation documents was to provide the individual with documentary evidence of his/her military service. DD Form 214 preparers were to use all available records, to include enlistment documents, and the Soldier's DA Forms 2 (Personnel Qualification Record – Part I) and 2-1 (Personnel Qualification Record – Part II), as sources for the entries in the DD Form 214. 6. The Board has an interest in maintaining the accuracy of its records; for historical purposes, the data and information contained in those records should reflect the conditions and circumstances, as they existed at the time of the records' creation. Additionally, the ABCMR does not grant requests solely to make someone eligible for Veterans' benefits; however, in reaching its determination, the Board can consider the applicant’s petition, his evidence and assertions, and his service record in accordance with the published equity and injustice guidance. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. The Board determined the evidence presented does not demonstrate the existence of a probable error or injustice. The applicant used the contested social security number (SSN) during his entire period of service. Upon review of the applicant’s petition, available military records, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. The Board recommended the applicant seek assistance through the social security administration office for correction of his social security number and they will be able to merge them as well and notify the department of veteran affairs of the correction. Based on this the Board determined relief was not warranted and denied relief. 2. 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 about the difference in the social security number in his military records and social security number on his social security card. 3. 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. In the absence of evidence that shows a material error or injustice, there is a reluctance to recommend that those records be changed. 4. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. ? 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, USC, 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. AR 635-5, in effect at the time, stated the purpose of separation documents was to provide the individual with documentary evidence of his/her military service. DD Form 214 preparers were to use all available records, to include enlistment documents and the Soldier's DA Forms 2 and 2-1, as sources for the entries in the DD Form 214. 3. AR 15-185 (ABCMR) states an applicant is not entitled to a hearing before the Board; however, the request for a hearing may be authorized by a panel of the Board or by the Director of ABCMR. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230001035 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1