IN THE CASE OF:	  

		BOARD DATE:	 5 September 2013 

		DOCKET NUMBER:  AR20130002636 


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, in effect, correction of his Social Security Number (SSN) to show his SSN as "xxx-xx-2xxx" instead of "xxx-xx-3xxx."

2.  The applicant states his SSN on his DD Form 214 is incorrect.  He is trying to purchase a home with a Department of Veterans Affairs (VA) loan; however, his SSN does not match his DD Form 214 (Report of Separation from Active Duty).  The lender needs it changed.

3.  The applicant provides his DD Form 214 and Social Security Card.

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 30 April 1974.  He held and served in military occupational specialty 75D (personnel records specialist).  On 29 April 1977, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  His DD Form 214 shows his SSN as "xxx-xx-3xxx."

3.  A review of his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF) shows that all documents containing an SSN, either typed or handwritten, show the SSN of "xxx-xx-3xxx." There are no documents in his AMHRR showing the SSN he claims is correct.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's available record contains no reference to any SSN other than "xxx-xx-3xxx."  The applicant has offered no explanation as to why an incorrect SSN may have been used, considering the fact that he completed a number of the documents in his AMHRR in his own hand.  Therefore, there is no basis for granting the applicant's requested relief.

2.  For historical purposes, the Army has an interest in maintaining the accuracy 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 his correct 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.  The applicant is advised that a copy of this decisional document will be filed in his AMHRR.  This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have his correct SSN documented in his AMHRR.

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)                                         AR20130002636



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130002636



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1