RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 26 April 2007
DOCKET NUMBER: AR20060014168
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Mr. Gerard W. Schwartz
Acting Director
Mr. Michael J. Fowler
Analyst
The following members, a quorum, were present:
Mr. William D. Powers
Chairperson
Mr. William F. Crain
Member
Mr. Dale E. DeBruler
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, 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. The applicant states, in effect, that during his induction he could not recall his SSN. He further states that he was not allowed to go home and retrieve his SSN card and that the induction station assigned him a temporary SSN. The applicant continues that he served in the active Army using his temporary SSN. He states that after his separation from active duty he served in the Army National Guard with his correct SSN and he was told that his records would be corrected. He concluded that his active duty records were not corrected.
3. The applicant provides his DD Form 214; a five page Social Security Statement, dated 2 August 2001; a copy of his social security card; a State of Mississippi Certificate of Birth; and a Social Security Administration SSN Verification], dated 13 January 2003.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 13 January 1972. The application submitted in this case is dated 18 September 2006.
2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicants failure to timely file.
3. The applicant was inducted on 5 June 1970 under SSN 238-__-____.
4. All documents in the applicants service records show his SSN as
238-__-____.
5. On 13 January 1972, the applicant was honorably released from active duty. His DD Form 214 shows his SSN as 238-__-____.
6. The applicant provided a copy of his Social Security Card, which shows his SSN as 587-__-____. He provided a letter from the Social Security Administration that states their records indicated his SSN is 587-__-____.
7. Army Regulation 635-5 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 the preparation of the DD Form 214. In pertinent part it states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should actually 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, this Board is reluctant to recommend that those records be changed.
2. Although it appears the applicants SSN might have been 587-__-___ at that time (although the letter from the Social Security Administration does not conclusively confirm this), he appropriately served in the Army and was discharged under SSN 238-__-____. While it is understood the applicants desire to have the records changed, there is no basis for compromising the integrity of the Armys records. This Record of is Proceedings will be filed in his military records so a record of his SSN will be on hand.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 13 January 1972; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 12 January 1975. The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__WDP__ __WFC __DED__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that 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.
2. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.
____William D. Powers__
CHAIRPERSON
INDEX
CASE ID
AR20060014168
SUFFIX
RECON
DATE BOARDED
26 APRIL 2007
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
MR. SCHWARTZ
ISSUES 1.
100.0900.0000
2.
3.
4.
5.
6.
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