IN THE CASE OF:
BOARD DATE: 3 June 2010
DOCKET NUMBER: AR20090020892
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 item 3 (Social Security Number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected.
2. The applicant states:
* his SSN is incorrect on his DD Form 214
* his SSN is 4xx-0x-0xxx
3. The applicant provides a document from the Social Security Administration, dated 10 November 2009, 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 DD Form 398 (Statement of Personal History) shows his SSN as 6xx-3x-0xxx. He enlisted in the Regular Army on 25 May 1965 for a period of 3 years. He trained as a general vehicle mechanic and was released from active duty on 15 May 1968 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. Item 3 of the applicant's DD Form 214 shows SSN 6xx-3x-0xxx.
4. The majority of the applicant's service personnel records contain a service number. However, his DA Form 20 (Enlisted Qualification Record), DA Form 41 (Record of Emergency Data), and discharge orders show SSN 6xx-3x-0xxx.
5. The applicant provided documentation from the Social Security Administration in Fort Smith, Arkansas, which states his SSN is 4xx-0x-0xxx and it was assigned to him in August 1968.
6. On 24 May 1971, the applicant was honorably discharged from the Standby Reserve. His discharge orders show SSN 4xx-0x-0xxx.
7. 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. It 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows SSN 6xx-3x-0xxx was used at the time of the applicant's enlistment in the Regular Army in 1965 and his release from active duty in May 1968. He provided documentation showing his SSN of 4xx-0x-0xxx was not issued to him until August 1968.
2. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should actually 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. Therefore, there is an insufficient basis for amending his SSN on his DD Form 214.
3. This Board action will be filed in the applicant's official military records so that a record of his current SSN will be on hand.
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) AR20090020892
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ABCMR Record of Proceedings (cont) AR20090020892
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