IN THE CASE OF:
BOARD DATE: 27 January 2009
DOCKET NUMBER: AR20080016182
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 in item 3 (Social Security Number) on his DD Form 214 (Report of Transfer or Discharge).
2. The applicant states that his SSN is 2xx-9x-5xxx.
3. The applicant provides a letter, dated 9 October 2008, 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 applicants enlistment contract, dated 16 January 1970, shows SSN
9xx-0x-2xxx. He enlisted on 16 January 1970 for a period of 3 years. On
7 February 1972, he was released from active duty.
3. Item 3 on the applicants DD Form 214 shows SSN 9xx-0x-2xxx.
4. The majority of the applicants service personnel records show SSN
9xx-0x-2xxx. However, a few records show SSN 2xx-9x-5xxx.
5. In support of his claim, the applicant provided a letter, dated 9 October 2008, from the Social Security Administration which shows his SSN is 2xx-9x-5xxx.
6. 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 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. There is a discrepancy in the applicants SSN in his records. Both SSN
9xx-0x-2xxx and 2xx-9x-5xxx are used. However, evidence of record shows the same SSN was used at the time of the applicants enlistment and separation.
2. 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. This Board action will be filed in the applicants military records so a record of his SSN will be on hand.
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.
__________xxx____________
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.
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