IN THE CASE OF:
BOARD DATE: 02 March 2010
DOCKET NUMBER: AR20090016632
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 changed from 381-XX-XXXX to 384-XX-XXXX on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that he is applying for social security benefits and he needs a corrected copy of his DD Form 214.
3. The applicant provides copies of the following documents in support of his application: social security card; birth certificate; two driver licenses (States of Florida and Colorado); DD Form 214; DA Form 20 (Enlisted Qualification Record); and discharge orders from the U.S. Army Reserve Control Group, dated 17 November 1971.
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 1 December 1965.
3. The applicant's DA Form 20, which he authenticated on 27 July 1967, shows his SSN as 381-XX-XXXX.
4. The applicant was released from active duty on 14 November 1967 and transferred to the U.S. Army Reserve Control Group (Annual Training).
5. The applicant's DD Form 214, which is authenticated in his own hand, shows his SSN as 381-XX-XXXX in item 3 (SSN).
6. Letter Orders Number 11-1280522, dated 17 November 1971, discharging him from the U.S. Army Reserve Control Group (Standby) show his SSN as
384-XX-XXXX. His service personnel records contain an Army Reserve Personnel Data Review, dated 27 January 1968, which shows his SSN as
384-XX-XXXX.
7. The applicant provided a copy of his social security card which shows his SSN as 384-XX-XXXX.
8. Army Regulation 600-2 (Name and Birth Data, Social Security Account Number (SSAN) and Temporary Identification Number (TIN)), effective 1 July 1969, announced the use of the SSAN in lieu of military service numbers.
DISCUSSION AND CONCLUSIONS:
1. The applicant states that he is applying for social security benefits and he needs a corrected copy of his DD Form 214.
2. The applicant's service record contains only two documents which reflect his SSN as 384-XX-XXXX and these documents were prepared subsequent to his separation in November 1967.
3. The evidence of record shows the applicant authenticated his DD Form 214 and DA Form 20 which reflect his SSN as 381-XX-XXXX.
4. 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. While it is understandable the applicant desires to now record the correct SSN on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.
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's/TIN's recorded in the applicant's military record and 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) AR20090016632
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ABCMR Record of Proceedings (cont) AR20090016632
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