BOARD DATE:	  8 June 2010

		DOCKET NUMBER:  AR20090020570 


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 his social security number (SSN) in his military records be adjusted to "x64-7x-7114."

2.  The applicant states his military records show an incorrect SSN.

3.  The applicant provides a copy of a Social Security Administration (SSA) document, dated 3 March 2009, containing an original authentication 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 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 records show he was inducted in the Army of the United States on 6 August 1965 for a 2-year period.  The applicant's DD Form 4 (Enlistment Record - Armed Forces of the United States) is not available for the Board to review.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) created upon his entrance into the Army does not contain an SSN.  This form solely shows the applicant's service number as "5x 8xx 5xx."  This DA Form 20 was audited on 12 November 1966 and the applicant authenticated this form by placing his signature in item 47 (Signature of Individual).

4.  The applicant's military personnel records show his Service Number was used consistently in the publication of military orders and related documents to include a DA Form 873 (Certificate of Clearance and/or Security Determination Under Executive Order 10450).  There is no source document available in his record to show his SSN.

5.  On 13 July 1697, the applicant was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training).  Item 3 of the DD Form 214 he was issued shows his SSN as "x80-3x-0721."

6.  A DA Form 2139 (Military Pay Voucher) shows the applicant's service number as "5x 8xx 5xx" and his SSN as "x80-3x-0721" for the pay period 21 July 1967 to 4 August 1967.

7.  The applicant submitted an SSN printout from the SSA, dated 3 March 2009, showing his SSN as "x64-7x-7114."  This SSA document was authenticated with an original signature.

8.   Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In 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.

9.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the official military personnel file (OMPF), military personnel records jacket, career management individual file, and the Army personnel qualification records.  Chapter 2 of this regulation states an OMPF is initiated when the Soldier becomes a member of any Army component.  It further states that once a document is placed in the OMPF it becomes a permanent part of that file and it will not be removed from that file or moved to another part of the file.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his SSN should be corrected to show 
"x64-7x-7114" in his military records.

2.  The original SSN verification document used to prepare his DD Form 214 and supporting military records was not available for the Board's review.  However, the applicant's separation documents contain a completely different SSN than the SSN the SSA reports he currently holds.  Therefore, it is presumed his SSN was changed at an unknown point in time.

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.  In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.  While it is understandable the applicant desires to now record his current SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

4.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided which confirms his current SSN will be filed in his OMPF.  This should serve to clarify any questions or confusion concerning the difference in his SSN recorded in his military record and to satisfy his desire to have his 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)                                         AR20090020570



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ABCMR Record of Proceedings (cont)                                         AR20090020570



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