IN THE CASE OF:	  

		BOARD DATE:	       11 AUGUST 2009

		DOCKET NUMBER:  AR20090002818 


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 second and third digit of his Social Security Number (SSN) be changed from x34-xx-xxx to x43-xx-xxxx.

2.  The applicant states that his SSN is incorrect on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with a separation date of 13 July 1971. 

3.  The applicant does not provide any supporting documentation with 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 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’s records show he entered active duty training from the State of Washington Army National Guard on 7 March 1971.  He completed basic and advanced individual training at Fort Knox, Kentucky.  He was awarded military occupational specialty 11E (Armor Crewman).  

3.  On 13 July 1971, the applicant was released from active duty training and returned to State control as a member of the Army National Guard of Washington.  Records show he completed 4 months and 7 days of active duty for training.  He was issued a DD Form 214 that shows in item 3 (Social Security Number) the second and third digit of his SSN as "x34-xx-xxxx."  

4.  On 7 January 1972, a DD Form 215 (Correction to DD Form 214) was prepared to correct his rank and date of rank on his DD Form 214 with a separation date of 13 July 1971that shows the applicant's SSN as "x34-xx-xxxx."

5.  The applicant's official military personnel records are incomplete.  The documents available for review are limited military personnel orders that show his SSN as "x34-xx-xxxx." 

6.  A limited number of documents in the applicant's military medical records are available for the Board to review.  The applicant's enlistment physical, dated 12 August 1970, and prepared by the examining physician in Chehalis, Washington shows the applicant's SSN as "x43-xx-xxxx" on Standard Form 89 (Report of Medical History) in item 3 (Identification Code).

7.  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.  In 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 insufficient evidence to support the applicant's contention that his SSN is incorrect on his DD Form 214.  His initial Army National Guard enlistment contract and its supporting documents are not available for review.  In view of the fact that both SSN's are used in his military records, it would be inappropriate to change the applicant's DD Form 214 to reflect the second digit of his SSN as "4" and his third digit as "3."

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.  

3.  While the Board understands the applicant's desire to have his records changed, it finds no basis for compromising the integrity of the Army's records.  

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.

ABCMR Record of Proceedings (cont)                                         AR20090002818



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ABCMR Record of Proceedings (cont)                                         AR20090002818



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