IN THE CASE OF:	

		BOARD DATE:	  22 April 2010

		DOCKET NUMBER:  AR20090014401 


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 that the last digit of his social security number (SSN) be changed from "8" to "9."

2.  The applicant states when he applied for Department of Veterans Affairs (VA) benefits he discovered the error in his SSN.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), his Driver License, and MEDICARE and Social Security cards.

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 that he was inducted in the Army of the United States on 11 May 1966.  At that time Service Numbers were assigned to Soldiers.  SSNs were not used.

3.  While on active duty the only documents which reflected his SSN were:

* His DA Form 20 (Enlisted Qualification Record) which shows the last digit of his SSN as an 8

* the orders releasing him from active duty which show the last digit of his SSN as an 8

4.  The applicant was honorably released from active duty on 10 May 1968 and transferred to the US Army Reserve (USAR) Control Group (Annual Training).  The DD Form 214 he was issued shows the last digit of his SSN as an "8."

5.  On 26 June 1968, the applicant completed a USAAC Form 170 (Army Reserve Personnel Data Review) in which he indicated the last digit of his SSN was a "9" and not an "8."

6.  On 19 April 1972, the applicant was honorably discharged from the USAR.  His discharge orders show the last digit of his SSN as "9."

DISCUSSION AND CONCLUSIONS:

1.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.

2.  In the absence of a showing of material error or injustice, those records should not be changed.

3.  In the applicant's case the records reflect the applicant served on active duty under the SSN ending in "8."  As such, this is the SSN under which active military service was performed.

4.  While the applicant served in the USAR under an SSN which ended in "9," the applicant has requested the DD Form 214 which summarizes his active duty be corrected, not his USAR records.

5.  While the Board understands the applicant's desire to have the records changed, it finds no basis for compromising the integrity of the Army's records.

6.  In view of the forgoing, 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)                                         AR20090014401



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ABCMR Record of Proceedings (cont)                                         AR20090014401



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