IN THE CASE OF:	  

		BOARD DATE:	  16 April 2013

		DOCKET NUMBER:  AR20120018021 


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 item 3 (Social Security Number (SSN)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his SSN as "XXX-43-9374."

2.  The applicant states his DD Form 214 shows his SSN as "XXX-47-9473" which is wrong.

3.  The applicant provides a copy of his social security card 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 enlisted in the Regular Army on 10 March 1980.  The DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) documenting his enlistment shows his SSN as "XXX-47-9473" in item 2 (Social Security Account Number).

3.  The applicant's DA Form 2 (Personnel Qualification Record – Part I) and DA Form 2-1 (Personnel Qualification Record – Part II) show his SSN as 
"XXX-47-9473."

4.  All documents and orders in the applicant's Military Personnel Records Jacket (MPRJ), including his separation orders, show his SSN as "XXX-47-9473."

5.  On 10 March 1983, the applicant was honorably released from active duty in the rank of private/E-2 after completing 3 years and 1 day of active military service.  His DD Form 214 shows his SSN as "XXX-47-9473."

6.  His social security card issued on 7 February 2011 shows his SSN as 
"XXX-43-9374."

7.  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 preparation of the DD Form 214.  The version of the regulation in effect at the time stated the DA Form 2, DA Form 2-1, and documents in the MPRJ were the source records for entries on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct his DD Form 214 to show his SSN as 
"XXX-43-9374" has been carefully considered.  However, there is insufficient evidence to support his claim.

2.  The evidence of record confirms the applicant enlisted, served, and was separated under the SSN "XXX-47-9473" as is shown on his DA Form 2 and DA Form 2-1.

3.  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.



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 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)                                         AR20120018021



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ABCMR Record of Proceedings (cont)                                         AR20120018021



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