IN THE CASE OF:
BOARD DATE: 23 July 2009
DOCKET NUMBER: AR20090003310
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security account number (SSAN) as xxx-xx-0xxx instead of xxx-xx-9xxx.
2. The applicant states the SSAN is incorrect on his DD Form 214 and should be the same as on the SSAN card he provided.
3. The applicant provides a copy of his DD Form 214, a copy of his SSAN card, and a printout from the Social Security Administration showing his SSAN in support of this 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 show he enlisted in the Regular Army (RA) on 11 June 1963. He was awarded military occupational specialty (MOS) 12B (combat engineer). He was advanced to pay grade E-3, which is the highest grade he attained during his tenure of service.
3. The applicant was honorably released from active duty on 1 June 1966 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed 2 years, 11 months, and 21 days of creditable active service.
4. Item 32 (Remarks) of the applicant's DD Form 214 contains the entry, "SSAN: xxx-xx-9xxx."
5. The applicant's records contain a U.S. Army Accessions Command (USAAC) Form Letter 261b, subject: U.S. Army Reserve Assignment or Transfer, dated
22 May 1968; and a USAAC Form 170 (Test) (Army Reserve Personnel Data Review), dated November 1966, which shows his SSAN as xxx-xx-9xxx.
6. No other documents in the applicant's records contain his SSAN.
DISCUSSION AND CONCLUSIONS:
1. While the applicant provided a copy of his SSAN card and a printout from the Social Security Administration showing his SSAN as xxx-xx-0xxx, these two documents do not verify that he used this SSAN during his military service.
2. The SSAN was generally not used with military records at the time of the applicant's military service. However, his military records contain three documents which contain an SSAN, all of which show his SSAN as xxx-xx-9xxx.
3. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
4. In the absence of a showing of material error or injustice, those records should not be changed.
5. In the applicant's case, the records reflect an SSAN which is used consistently, if rarely, throughout his period of military service.
6. 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.
7. In view of the foregoing, there is no basis for granting the applicant's request.
8. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct SSAN, will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the SSAN recorded in his military record and to satisfy his desire to have his correct SSAN documented in his OMPF.
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) AR20090003310
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ABCMR Record of Proceedings (cont) AR20090003310
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