IN THE CASE OF:	  

		BOARD DATE:	        9 September 2008

		DOCKET NUMBER:  AR20080012136 


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 (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 the erroneous SSN prevents him from obtaining veteran benefits.  

3.  The applicant provides a document from the Social Security Administration.  

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 was appointed as a Reserve commissioned officer on 6 June 1965.  He was ordered to active duty on 8 July 1965.
3.  The applicant’s DA Form 67-6 (Officer Efficiency Report) for the periods ending 23 May 1968 and 18 July 1968 show the two middle digits and the four last digits of his SSN as “26” and “3438.”

4.  His DA Form 66 (Officer Qualification Record), audited and signed by the applicant on 13 July 1966, shows the two middle digits and the four last digits of his SSN as “26” and “3438.”

5.  His service personnel records contain Special Orders Number 207, dated 23 October 1968, which reassigned him to a transfer station for release from active duty.  These orders show the two middle digits and the four last digits of his SSN as “26” and “3438.”

6.  Headquarters, United States Army Garrison, Special Orders Number 219, dated 28 October 1968, released the applicant from active duty on 30 October 1968 and transferred him to the U.S. Army Reserve (USAR) Control Group (Annual Training) on the following date.  These orders show the two middle digits and the four last digits of his SSN as “26” and “3438.”

7.  Item 3 (SSN) on his DD Form 214 shows the two middle digits and the four last digits of his SSN as “26” and “3438.”

8.  His service personnel records contain a USAAC Form 172 (Option to Extend Ready Reserve Obligation), dated 15 January 1970, which shows the two middle digits and the four last digits of his SSN as “34” and “3937.”

9.  Office of The Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO Letter Orders Number 02-1033661, dated 6 February 1974, contained in his service personnel records, show the two middle digits and the four last digits of his SSN as “34” and “3937.”

10.  The applicant provided a letter from the Social Security Administration, dated 9 June 1008, which indicates the two middle digits and the four last digits of his SSN as “34” and “3937.”

11.  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 two middle digits and the four last digits of his SSN as “34” and “3937,” his military personnel records contain various documents which show the two middle digits and the four last digits of his SSN as “26” and “3438.”  The letter does not indicate if his SSN had always been “34” and “3937,” or had been changed to “34” and “3937” 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)                                         AR20080012136



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ABCMR Record of Proceedings (cont)                                         AR20080012136



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