BOARD DATE:	  4 January 2013

		DOCKET NUMBER:  AR20120010775 


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 a correction of the Social Security Number (SSN) listed in his record and on his DD Form 214 (Report of Transfer or Discharge). 

2.  The applicant makes no statement.  

3.  The applicant provides a Social Security Administration (SSA) print-out in support of his request.  

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 record shows he enlisted in the Regular Army (RA) on          31 October 1967.  His DD Form 4 (Enlistment Record-Armed Forces of the United States) lists the SSN he now claims is incorrect in Item 37 (Remarks).  A DD Form 398 (Statement of Personal History) and DD Form 1584 (National Agency Check) prepared during the applicant's enlistment processing and upon his entry on active duty list the SSN he now claims is incorrect.  
3.  The applicant's DA Form 20 (Enlisted Qualification Record) lists the SSN he now claims is incorrect in item 1 (Name and Service Number).  All orders and other documents in the record that list an SSN, list the one the applicant now claims is incorrect.  
4.  On 4 November 1970, the applicant was honorably released from active duty (REFRAD) and transferred to the U.S. Army Reserve (USAR).  The DD Form 214 he was issued lists the SSN he now claims is incorrect in item 3.

5.  The applicant provides an SSA print-out, dated 4 February 2012, that lists the SSN he now claims is correct.  

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time of the applicant's separation stated the 
DA Form 20 and documents on file in the MPRJ were the primary source for information for entries on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his DD Form 214 be corrected to reflect the SSN listed on the SSA print-out he provides and which he now uses has been carefully considered.  However, there is insufficient evidence to support this claim.  The applicant's DA Form 20 and all documents that list an SSN in the record all list the SSN he now claims is incorrect.  

2.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed.  Therefore, the SSN listed in the applicant's military records should not be changed at this time.



3.  This Record of Proceedings will be filed in his military record to provide clarity and to deal with any confusion that may arise regarding the difference in the SSN under which he performed his military service and was separated vice the SSN he indicates he now uses.  Filing the Board's decisional document will also guarantee the historical integrity of the applicant's military record.
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)                                         AR20120010775



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ABCMR Record of Proceedings (cont)                                         AR20120010775



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