IN THE CASE OF:
BOARD DATE: 4 February 2010
DOCKET NUMBER: AR20090012382
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 his social security number (SSN) be correctly documented in his military record.
2. The applicant states, in effect, that the SSN should be corrected to show the number 6 in the fifth character instead of the number 7.
3. The applicant provides a DD Form 1953A (Clemency Discharge Certificate), a self-authored statement, and a Social Security Administration printout 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 military records show he enlisted into the Regular Army (RA) and entered active duty on 2 December 1970. The DD Form 4 (Enlistment Contract-Armed Forces of the United States) prepared during the induction process lists his SSN with the number 7 in the fifth character.
3. The applicant completed basic combat training at Fort Lewis, Washington and advanced individual training (AIT) at Fort Ord, California. Upon completion of AIT he was award military occupational specialty (MOS) 94B (Cook).
4. The applicants DA Form 20 (Enlisted Qualification Record) prepared on the applicant upon his entry on active duty, and all orders and other documents on file in his Official Military Personnel File (OMPF) that were prepared on him throughout his military service, all list the number 7 in the fifth character of his SSN.
5. On 27 April 1973, the applicant was released from active duty after completing a total of 1 year, 9 months, and 20 days of active military service. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued to him on that date, which he authenticated with his signature, lists the SSN with the number 7 in the fifth character in Item 3 (Social Security Number).
6. The applicant provides a printout from the Social Security Administration dated 2 December 2009, which indicates the fifth character of the applicant's SSN is the number 6."
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the SSN listed in his military record should be changed to list the number 6 in the fifth character instead of the number 7 has been carefully considered. However, there is insufficient evidence to support this claim.
2. It is clear that the applicants active duty service was performed under the SSN he now claims is in error, and that this SSN was the one recorded in the military records prepared on him upon his entry on active duty and throughout his active duty tenure. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed. Therefore, the SSN listed in the applicants military records should not be changed at this time.
3. However, for clarity purposes this decisional document, along with the supporting material provided by the applicant, will be filed in his OMPF. This should serve to resolve any questions related to the SSNs used by the applicant.
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) AR20090012382
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