IN THE CASE OF:	  

		BOARD DATE:	  30 May 2013

		DOCKET NUMBER:  AR20120019873 


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 the Social Security Number (SSN) on his DD Form 214 (Report of Transfer or Discharge) to show the third digit is "5."

2.  The applicant states when he was being discharged he pointed out the SSN was wrong and the clerk simply corrected it with a pen and said nothing.

3.  The applicant provides:

* two copies of the DD Form 214; one copy contains a "5" written in over the third digit and the second copy lists a “3” as the third digit
* a Social Security Administration printout showing the applicant was assigned an SSN listing a "3" as the third digit.

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 11 April 1968 using a service number.  The DD Form 398 (Statement of Personal History) that he signed and submitted at that time shows an SSN with a "3" as the third digit.  Every document in his records that lists an SSN contains a "3" as the third digit.

3.  The applicant was honorably released from active duty on 16 March 1970.  The DD Form 214 in his records shows a “3” as the third digit of his SSN.

4.  The available record does not contain a copy of the DD Form 214 that the applicant now submits with the "3" handwritten in as the third digit.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence show the applicant used a "3" as the third digit of his SSN during his period of service.  There is no evidence that he used a "5" as the third digit of his SSN.  

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 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 now record the requested SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

3.  Absent convincing, independent, and verifiable evidence to the contrary, it is presumed his military service records, including the DD Form 214, were correct at the time and there is an insufficient basis to grant him relief in this case.

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)                                         AR20120019873



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ABCMR Record of Proceedings (cont)                                         AR20120019873



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