BOARD DATE: 20 July 2010 DOCKET NUMBER: AR20100001167 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 the following corrections on his DD Form 214 (Certificate of Release or Discharge from Active Duty): * First three digits of his social security number (SSN) changed from 232 to 233 * Date he entered active duty changed from 3 April 1979 to 3 April 1978 2. The applicant states his SSN is just wrong and the date of entry shows an incorrect year. He indicates he attached his high school diploma, but this document is not available. 3. The applicant provides copies of his driver’s license, social security card, and his DD Form 214 in support of his 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. Orders published on 3 April 1979 and the applicant’s enlistment contract show he enlisted in the Regular Army on 3 April 1979. These documents also show the first three digits of his SSN as 232. 3. Item 35 (Record of Assignments) on his DA Form 2-1 (Personnel Qualification Record – Part II) shows his enlistment date as 3 April 1979. His DA Form 2-1 shows the first three digits of his SSN as 232. 4. The applicant was discharged on 18 June 1980 and he completed 1 year, 2 months, and 16 days of active military service. All of the documents in his military service records show the first three digits of his SSN as 232. 5. Item 12a (Date Entered Active Duty This Period) on his DD Form 214 shows he entered active duty on 3 April 1979. 6. Item 3 (SSN) on his DD Form 214 shows the first three digits of his SSN as 232. 7. The applicant provided a copy of his social security card which shows the first three digits of his SSN as 233. 8. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states 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 Army service at the time of release from active duty, retirement or discharge. In the version in effect at the time, it directed that the date entered active duty would be entered in item 12a of the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. The applicant contends his DD Form 214 shows the wrong SSN. However, the evidence of record does not support his claim. 2. Although the applicant requests correction of his DD Form 214 to show the first three digits of his SSN as 233, all of the documents in his military service records show he served in the Regular Army using the SSN with the first three digits as 232. 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 that those records be changed. While it is understandable the applicant desires to record the SSN that he now uses in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records. 4. The applicant also contends his DD Form 214 shows the incorrect year for his date of entry. However, he did not provide any documentation to support this contention. 5. The preponderance of evidence confirms the applicant enlisted in the Regular Army on 3 April 1979 and his DD Form 214 was properly prepared to reflect the date he entered active duty as 3 April 1979. Therefore, there is insufficient evidence on which to correct the applicant's DD Form 214 to show he entered active duty on 3 April 1978. 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) AR20100001167 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR201