IN THE CASE OF:
BOARD DATE: 17 JUNE 2008
DOCKET NUMBER: AR20080003673
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 that his Social Security number be corrected on his separation document (DD Form 214).
2. The applicant states, in effect, that his Social Security number listed on his DD Form 214 is incorrect. His correct Social Security number is 435-XX-9691. He states that he is applying for veteran benefits.
3. The applicant provides a copy of his DD Form 214, Social Security card, and a verification document of his Social Security number from the Social Security Administration dated 26 November 2007.
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 applicants 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 applicants 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 military personnel record shows he was inducted into the Army of the United States on 4 June 1968. Records show he completed basic combat training; however, there is no evidence he completed the training requisite for award of a military occupational specialty (MOS).
3. He was honorably released from active duty by reason of a void induction for not meeting medical fitness standards at the time of induction. The applicant completed 2 months and 26 days of Net Service This Period.
4. Item 3 (Social Security Number) of the applicant's DD Form 214 shows the entry "291-XX-3961."
5. A DD Form 47 (Record of Induction) from the applicant's personnel record shows the entry "291-XX-3961."
6. The Armed Forces Examination and Entrance Station Special Orders Number 109 dated 4 June 1968 shows he was inducted under "(SSAN [Social Security Account Number] 291-XX-3961)."
7. The Social Security card and the verification document from the Social Security Administration that the applicant submitted shows the entry
"435-XX-9691."
8. Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214. This regulation provided, in pertinent part, the Soldier's Social Security number, taken from the DA Form 2139 (Military Pay Voucher), would be entered in Item 3 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his Social Security number should be corrected on his DD Form 214.
2. The Army has an interest in maintaining the integrity of its records for historical purposes. The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.
3. The applicant has failed to establish a basis for compromising the integrity of the Army's records. The applicant verified his Social Security number when he was inducted and served on active duty under that Social Security number. As such, there is no basis for changing the applicants Social Security number in his military records.
4. While it is understood the applicant desires to have his records changed, there is no basis for compromising the integrity of the Army's records.
5. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, which confirms his correct Social Security number, will be filed in his Official Military Personnel File (OMPF).
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) AR20080003673
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ABCMR Record of Proceedings (cont) AR20080003673
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