BOARD DATE:	  20 August 2009

		DOCKET NUMBER:  AR20090005510 


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 records to show his correct social security number (SSN).

2.  The applicant states his correct SSN is xx8-x4-6356 and not xx8-x5-4520.

3.  The applicant provides a Social Security Administration SSN printout 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 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 inducted into the Army of the United States on 24 August 1967 and served as a Light Weapons Infantryman until he was released from active duty on 28 March 1969.
3.  The applicant's DD Form 47 (Record of Induction) and induction orders show his SSN as xx1-x5-4520.

4.  The applicant's DD Form 1584 (National Agency Check Request), DA Form 873 (Certificate of Clearance and/or Security Determination Under EO [Executive Order] 10450), and DD Form 398 (Statement of Personal History) shows his SSN as xx1-x5-4520.

5.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows his SSN as XXX-X5-4520.

6.  There are no documents in the applicant's records which show the SSN 
xx8-x4-6356 was ever used throughout his military career.

7.  The applicant provided a Social Security Administration SSN printout which shows his SSN is xx8-x4-6356.

8.  Army Regulation 635-5 (Separations Documents) 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 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.

9.  Army Regulation 635-5, in effect at the time, stated for item 3 (Social Security Number) to transcribe Social Security account number from DA Form 2139 (Military Pay Voucher).  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to show his correct SSN has been carefully reviewed.

2.  While the Social Security Administration SSN printout shows his SSN is 
xx8-x4-6356, his official military records show he served on active duty under xx1-x5-4520.

3.  The applicant's records do not contain a copy a DA Form 2139 for verification.



4.  There is no evidence that suggests the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the SSN under which he served.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should 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.  While it is understandable the applicant desires to now record his correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

5.  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 SSN, 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 SSN recorded in his military record and to satisfy his desire to have his correct SSN 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)                                         AR20090005510



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ABCMR Record of Proceedings (cont)                                         AR20090005510



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