BOARD DATE: 3 December 2009 DOCKET NUMBER: AR20090011241 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 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as *27-34-**46 instead of *76-46-**42. 2. The applicant states that the SSN used while he was in the Army was incorrect. He states that the error was unintentional and has been corrected with the Social Security Administration. He further states that the Massachusetts State Retirement Board requested a corrected DD Form 214 in order to apply his Army service to his State retirement. 3. The applicant provides a copy of a Social Security Administration printout, Social Security contribution record, and a memorandum from the Massachusetts State Retirement Board in support of this application. 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 military records show he enlisted in the Regular Army on 13 November 1967. He was appointed as a warrant officer on 18 November 1968, awarded the military occupational specialty of helicopter pilot, and was promoted to pay grade W-2. 3. The applicant was released from active duty on 1 February 1971 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He had completed a total of 3 years, 2 months, and 19 days of creditable active service. The DD Form 214 he was issued shows his SSN as *76-46-**42. 4. The applicant's DA Form 20 (Enlisted Qualification Record), DA Form 66 (Officer Qualification Record), discharge order, and all other documents throughout his official military record show his SSN as *76-46-**42. 5. The Social Security Administration printout provided by the applicant shows his current SSN as *27-34-**46. 6. Army Regulation 635-5 (Separation Documents) provides that 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 service at the time of release from active duty, retirement, or discharge. The regulation in effect at the time stated that for item 3 (Social Security Number) of the DD Form 214, transcribe the SSN from the DA Form 2139 (Military Pay Voucher). DISCUSSION AND CONCLUSIONS: 1. The available records do not contain the applicant's DA Form 2139 as described in Army Regulation 635-5 at the time in effect. However, his DA Form 20, DA Form 66, discharge orders, and all other documents in his available records that contain an SSN show his SSN as *76-46-**42, which is the same SSN as reflected on his DD Form 214. 2. While the applicant provides a copy of a current Social Security Administration printout which shows his SSN as *27-34-**46, the applicant enlisted, served, and was honorably released from active duty from the Army under the SSN shown in his military records. Therefore, any concerns he may now have about the SSN under which he enlisted and served subsequent to his release from active duty is not sufficiently mitigating to warrant changing the SSN recorded in his military records. 3. While the Board understands the applicant’s desire to have his SSN changed on his DD Form 214, it finds no basis for compromising the integrity of the Army’s records. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. 4. In the absence of a showing of material error or injustice, those records should not be changed. 5. This Record of Proceedings, along with the application and supporting documents, will be filed in the applicant's military record in order to provide clarity and to resolve any confusion that might arise regarding the difference in his SSN. Filing the Board's decisional document will also guarantee the historical accuracy of the applicant's military record regarding the SSN under which he served. 6. In view of the foregoing, there is no basis for granting the applicant's request. BOARD VOTE: ________ ________ ________ 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 that 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. ABCMR Record of Proceedings (cont) AR20090011241 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090011241 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1