IN THE CASE OF:
BOARD DATE: 7 January 2010
DOCKET NUMBER: AR20090011782
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, correction of his social security number (SSN) that is listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect, that the SSN on his DD Form 214 is incorrect and that the numbers listed in the third, fourth, fifth, and sixth positions of the SSN are incorrect.
3. The applicant provides his DD Form 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 evidence of record shows the applicant enlisted in the Regular Army on 16 July 1964. The DD Form 4 (Enlistment Record-Armed Forces of the United States) prepared during his enlistment processing listed a service number in item 2 (service number). No SSN was entered on the
DD Form 4.
3. The applicant's DA Form 20 (Enlisted Qualification Record), which was prepared on 10 June 1966, lists his service number in item 1 (name and service number) and is also void of an SSN.
4. The applicant's Official Military Personnel File (OMPF) contains only
three documents that list an SSN. These documents are the DD Form 214 in question, a USAAC Form 170 (Army Reserve Personnel Data Review), dated 23 September 1967, and United States Army Reserve (USAR) discharge orders, dated 1 July 1970. All other documents on file that list an identification number use the applicant's service number.
5. On 29 June 1967, the applicant was honorably released from active duty (REFRAD), in the rank of specialist five, after completing 2 years, 11 months, and 14 days of active military service. The DD Form 214 he was issued at the time lists the SSN he now claims is incorrect in item 3 (Social Security Number).
6. On 23 September 1967, a USAAC Form 179 was prepared on the applicant. The SSN entered in item 1 (Social Security Account Number) of this document is the same as the one listed on the applicant's DD Form 214, which he now claims is incorrect. The applicant authenticated this document with his signature in item 30 (Signature of Reservist) on 24 October 1967.
7. On 1 July 1970, Department of the Army, Office of the Adjutant General, United States Army Administration Center, St. Louis, Missouri, Letter Orders Number 07-1011343, directed the applicant's discharge from the USAR on
15 July 1970. The SSN listed in the standard name line of these orders is the same as the one entered on the DD Form 214 he was issued upon his REFRAD on 29 June 1967 and the USAAC Form 170, dated 23 September 1967, which he now claims is incorrect.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the SSN listed on his DD Form 214 is incorrect and should be corrected was carefully considered. However, the applicant has failed to provide any independent evidence confirming the SSN listed on his
DD Form 214 is incorrect. Further, the SSN listed on his DD Form 214 is the same one listed on the only two other documents in his record that contain an SSN, which are a USAAC Form 170 and USAR discharge orders.
2. The Army has an interest in maintaining the accuracy of its records for historical purposes, and normally would not change an SSN under which a member performed military service because the military records should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed. As a result, absent any evidence that the applicant has or will suffer some injustice as a result of the alleged SSN error, it would not be appropriate to change the SSN listed on his DD Form 214 given it is the one under which he performed his military service.
3. This Report of Proceedings, along with the application submitted by the applicant, will be filed in his OMPF to provide clarity to any confusion that might arise regarding his different SSNs. Filing the Boards decisional document will also guarantee the historical accuracy of the applicants military record regarding the SSN under which he served.
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) AR20090011782
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090011782
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