IN THE CASE OF:	  

		BOARD DATE:	    8 March 2011

		DOCKET NUMBER:  AR20100022295 


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 correct social security number (SSN).

2.  He states, in effect, the SSN that he used when he was in the military was not properly documented by the Social Security Administration (SSA).  After he was discharged the SSA issued him a new SSN.

3.  The applicant provides a memorandum from the SSA and his 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.  He enlisted in the Regular Army on 12 August 1966 for a period of 3 years.  Item 2 (Service Number) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) does not list an SSN, because service numbers were used at the time.  

3.  A Form W-4 (Employee's Withholding Exemption Certificate), dated 17 August 1966, shows the applicant signed this form and annotated it to show he "applied for" an SSN. 

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows
SSN 456-21-****.  He reviewed this form and authenticated it by placing his signature in the appropriate block on 2 March 1967.

5.  His records contain various personnel and medical documents, including reassignment, award, and separation orders, dated 27 December 1967 and later that show his SSN as "456-21-****."  

6.  He was honorably released from active duty on 11 August 1969 by reason of expiration of term of service and transferred to the U.S. Army Reserve to complete his Reserve obligation.  Item 3 of his DD Form 214 shows his "SSN" as "456-21-****."  He authenticated this form with his signature.

7.  The applicant submitted a printout, dated 17 August 2010, from the SSA which shows his SSN is "416-80-****."

8.  Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214.  This regulation provided, in pertinent part, that the Soldier's SSN would be entered in item 3 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  All of the documents in the applicant's official military personnel file (OMPF) show he used SSN "456-21-**** " when he was in the military.

2.  Although the applicant now claims the SSN that is shown on his DD Form 214 is incorrect, he failed to provide an official explanation from the SSA or any other source that explains the reason for the issuance or use of two different SSNs.  There is no evidence of record and the applicant did not provide any to confirm when he was issued the SSN that he now claims is correct.



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.

4.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided will be filed in his OMPF.  This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military record and his current SSN.

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)                                         AR20100022295



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1