IN THE CASE OF:
BOARD DATE: 4 November 2008
DOCKET NUMBER: AR20080005787
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, that the first three digits of his social security number (SSN) be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect, that his records show an incorrect SSN and there is no reason for this mistake.
3. The applicant provides a letter from the Social Security Administration in support of his application.
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 enlisted in the Regular Army on 9 November 1965 for a period of three years. At the completion of basic combat and advanced individual training, he was awarded military occupational specialty 94B (cook). He signed his DA Form 20 (Enlisted Qualification Record), audited on 6 February 1968, which shows the first three digits of his SSN as "404."
3. Headquarters, Fort Campbell, Special Orders Number 24, dated 25 January 1969, released the applicant from active duty on 28 January 1969. These orders show the first three digits of his SSN as "404."
4. Item 3 (SSN) on his DD Form 214 shows the first three digits of his SSN as "404."
5. In an 18 February 1969 letter from the Office of The Adjutant General, St. Louis, Missouri, the applicant was informed that the Social Security Account Number (SSAN) would replace the Military Service Number (MSN) effective
1 July 1969. The applicant recorded his SSAN in paragraph 2 of this letter as "450-__-____."
6. His records contain a U.S. Army Reserve Status and Address Verification Form dated November 1969, which shows the first three digits of his SSN as "450."
7. The applicant provided a letter from the Social Security Administration, dated 5 March 2008, which indicates the first three digits of his SSN as "450."
8. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's 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 the applicant's letter from the Social Security Administration shows the first three digits of his SSN as "450," his military personnel records contain various documents which show the first three digits of his SSN as "404." The letter does not indicate if the first three digits of his SSN had always been "450, or had been changed to "450" at a later date.
3. While the Board understands the applicant's desire to have the records changed, it finds no basis for compromising the integrity of the Army's records. This Board action will be filed in his military records so an additional record of his correct SSN will be on hand.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___XX_____ __XX_____ __XX______ 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.
________XXXX______________
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) AR20080005787
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ABCMR Record of Proceedings (cont) AR20080005787
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