IN THE CASE OF:
BOARD DATE: 23 September 2008
DOCKET NUMBER: AR20080007300
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 the Social Security Number (SSN), on his DD Form 214 (Report of Transfer or Discharge), be corrected from xxx-xx-xx92 to xxx-xx-xx62.
2. The applicant states, in effect, that he did not realize that his SSN was entered wrong in his military records. He would like to have the error corrected.
3. The applicant provides copies of his DD Form 214, a photo copy of his SSN card, and a statement from the Social Security Administration (SSA).
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 was inducted into the Army of the United States and entered active duty on 3 July 1968 at age 20.
3. His initial enlistment document, DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), shows the applicants SSN as xxx-xx-xx92.
4. The Armed Forces Examining and Entrance Station (AFEES) Special Orders Number 130, dated 3 July 1968, shows the applicants SSN as xxx-xx-xx92.
5. A Standard Form 88 (Report of Medical Examination), dated 3 March 1972, shows the applicants SSN as xxx-xx-xx92.
6. The applicants DD Form 214 shows he was honorably released from active duty on 3 March 1970 and transferred to the United States Army Reserve (USAR) Control Group (Annual Training). He completed 1 year, 8 months, and
1 day of creditable active duty service. The DD Form 214 shows his SSN as
xxx-xx-xx92.
7. A DD Form 4, dated 3 July 1974 shows the applicants SSN as xxx-xx-xx92.
8. An emergency data entry card completed by the applicant, dated
10 November 1974, shows his SSN as xxx-xx-xx62.
9. Headquarters, 83rd Army Reserve Command Letter Orders S-03-083-0018, dated 4 March 1975, list the applicants SSN as xxx-xx-xx62.
10. The applicant reenlisted in the USAR on dated 3 July 1975. The typed DA Form 4 shows the applicants SSN as xxx-xx-xx92.
11. A 3 September 1975 DA Form 428 (Application for Identification Card) shows the applicants SSN as xxx-xx-xx62.
12. The available records include copies of Leave and Earnings Statements (LES), covering the period from 29 June 1974 through 31 July 1976. The majority of the LESs list the applicants SSN as xxx-xx-xx92. However, the first one lists his SSN as xxx-xx-xx62.
13. A Form W-4 (Employees Withholding Allowance Certificate), completed by the applicant on 4 May 1974, shows his SSN as xxx-xx-xx62. However, the Form W-2s (Wage and Tax Statement) for 1974 and 1975, list it as xxx-xx-xx92.
14. The applicant provides a copy of a Social Security Card showing a SSN of xxx-xx-xx62.
15. A 27 August 2008 statement from the SSA verified that the applicants SSN is xxx-xxx-xx62.
DISCUSSION AND CONCLUSIONS:
1. On the various documents completed by the applicant at the time of his initial entry onto active duty, he listed his SSN as xxx-xx-xx92. This number was carried forward onto all documents used during his period of active duty service.
2. With the exception of one LES and his emergency information card, the
xxx-xx-xx92 SSN was also used on all official documents during the applicants period in the USAR.
3. While the applicant used the xxx-xx-xx62 SSN on some of the documents he completed during his Regular Army and USAR service, there is no indication that he questioned the use of the xxx-xx-xx92 SSN on his official documents or LESs either while on either military status.
4. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed. The applicant served his entire period of service under the SSN xxx-xx-xx92. Therefore, the SSN contained in the applicant's military records and on his 3 March 1970 separation document should not be changed.
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) AR20080007300
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ABCMR Record of Proceedings (cont) AR20080007300
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