BOARD DATE: 1 April 2010
DOCKET NUMBER: AR20090016765
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 the social security number (SSN) that is shown on his DD Form 214 (Report of Separation from Active Duty) be corrected.
2. The applicant states, in effect, the SSN that is shown on his DD Form 214 is incorrect.
3. The applicant provided a copy of his Social Security Card 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's DD Form 214 shows he enlisted in the Regular Army on
17 November 1970.
3. Item 3 (SSN) of the applicant's DD Form 398 (Statement of Personal History) dated 2 November 1970 shows his SSN as 358-44-XXXX.
4. The applicant's record contains a copy of a DA Form 2627-1 (Record of Proceedings Under Article 15, Uniform Code of Military Justice) dated 12 March 1971, that shows his SSN as 358-44-XXXX.
5. On 1 November 1971, the applicant was discharged after serving a total of 11 months and 14 days of active military service. The DD Form 214 he was issued shows his SSN as 358-44-XXXX.
6. The applicant submitted a copy of a Social Security card which shows his SSN is 327-58-XXXX.
7. Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214. This regulation provided, in pertinent part, that the Soldier's SSN would be entered in item 3 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. All of the documents in his official military personnel file (OMPF) show SSN 358-44-XXXX was the SSN that he used when he was in the military.
2. Although the applicant now claims the SSN that is shown on his DD Form 214 is incorrect, he failed to provide an official explanation from the SSA or any other source that explains the reason for the issuance or use of two different SSN's. There is no evidence of record and the applicant did not provide any to confirm when he was issued the SSN that he now claims is correct.
3. 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.
4. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided will be filed in his OMPF. This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military record and his current SSN.
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) AR20090016765
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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