IN THE CASE OF:
BOARD DATE: 10 December 2009
DOCKET NUMBER: AR20090011377
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 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that his SSN is incorrect on his DD Form 214 and that he submitted the wrong SSN when he enlisted in the Army. He contends that his SSN is 0xx-6x-2xxx.
3. The applicant provides a copy of his Social Security Card; a California Driver License; letters, dated 6 April and 29 May 2009, from the National Personnel Records Center in St. Louis, Missouri; a document from the Social Security Administration, dated 27 May 2009; a birth certificate; a DD Form 1966/7 (Record of Military Processing - Armed Forces of the United States); and a copy of his DD From 214 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 enlistment contract shows SSN 0xx-6x-5xxx. He enlisted in the Regular Army on 16 July 1980 for a period of 3 years. He served as a unit supply specialist and was released from active duty on 3 April 1981 under the Expeditious Discharge Program.
3. Item 3 on the applicants DD Form 214 shows SSN 0xx-6x-5xxx.
4. All of the applicants service personnel records show his SSN as 0xx-6x-5xxx.
5. In support of his claim, the applicant provided documentation from the Social Security Administration in Waterbury, Connecticut, dated 27 May 2009, which states his SSN is 0xx-6x-2xxx. He also provided a copy of his Social Security Card.
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. Evidence of record shows SSN 0xx-6x-5xxx 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. 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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