BOARD DATE:	 19 October 2010 

		DOCKET NUMBER:  AR20100014443 


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 third digit of his social security number (SSN) in item 3 (SSN) of his DD Form 214 (Report of Transfer or Discharge) and his Honorable Discharge Certificate from the U.S. Army Reserve (USAR) be corrected to show "8" instead of "0."
 
2.  The applicant states the third digit of his SSN is "8" not "0."

3.  The applicant provides:

* Honorable Discharge Certificate from USAR
* Social Security Account card
* DD Form 214

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 was inducted into the Army of the United States on 20 August 1965.  He served as a light weapons infantryman in Vietnam and Korea and was released from active duty on 18 August 1967 and transferred to the USAR Control Group (Annual Training) to complete his remaining service obligation.

3.  Item 3 of the applicant's DD Form 214 shows the third digit of his SSN is "0."  

4.  On 19 August 1971, the applicant was honorably discharged from the Standby Reserve.    

5.  The applicant's Honorable Discharge Certificate from the USAR shows the third digit of his SSN is "0."  

6.  The majority of the applicant's service personnel records contain a service number.  However, his DA Form 41 (Record of Emergency Data), dated 19 July 1966, U.S. Army Administration Center (USAAC) Form 170 (Army Reserve Personnel Data Review), and USAR discharge orders show the third digit of his SSN is "0."

7.  The applicant provided a copy of his Social Security Account card which shows the third digit of his SSN is "8."

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention his SSN is xx8-xx-xxxx was noted.  However, the evidence of record shows SSN xx0-xx-xxx was used on his 19 July 1966 DA Form 41, upon his release from active duty in 1967, and at the time of discharge from the USAR in 1971.

2.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should actually 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.  Therefore, there is an insufficient basis for amending his SSN on his DD Form 214.

3.  This Board action will be filed in the applicant’s official military records so that a record of his currently-used SSN will be on hand.

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)                                         AR20100014443



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ABCMR Record of Proceedings (cont)                                         AR20100014443



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