IN THE CASE OF:
BOARD DATE: 18 June 2009
DOCKET NUMBER: AR20090002100
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 (SSN) on his DD Form 214 (Report of Transfer or Discharge).
2. The applicant states, in effect, that his SSN is 5xx-6x-5xxx, that his SSN is incorrect on his DD Form 214, and that it was an error/neglect on behalf of the Government.
3. The applicant provides a copy of his DD Form 214; a copy of his Social Security card; a copy of his Selective Service card; and a document from the Veterans 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's military records are not available. This case is being considered using reconstructed records which primarily consists of a DD Form 214.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States and entered active duty on 16 January 1968. He served in Vietnam and was released from active duty on 24 August 1969 and was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
4. Item 3 on the applicants DD Form 214 shows SSN 6xx-6x-7xxx.
5. In support of his claim, the applicant provided a copy of his Social Security card and a document from the Veterans Administration which show his SSN as 5xx-6x-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. The applicant's contention that his SSN is 5xx-6x-5xxx was noted. However, even though the applicant's military records are not available the DD Form 214 that he was issued upon his release from active duty in 1969 shows his SSN as 6xx-6x-7xxx.
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. Therefore, there is an insufficient basis for amending his SSN on his DD Form 214.
3. This Board action will be filed in the applicants official military records so that 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.
_______ _ 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.
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