IN THE CASE OF:
BOARD DATE: 21 September 2010
DOCKET NUMBER: AR20100009536
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) on his
DD Form 214 (Report of Separation from Active Duty) with an effective date of
7 March 1975 be changed to show SSN ***-**-7367 instead of ***-**-7567.
2. The applicant states it must have been a mistake when it was typed.
3. The applicant provides copies of his:
* DD Form 214
* South Carolina identification card
* SSN card
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 personnel records show he enlisted in the Regular Army on 9 August 1974 for a period of 3 years. He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 76Y (Supply Clerk).
3. The applicant's DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows his SSN in item 1 (Service No./SSAN) as ***-**-7567.
4. The applicant's Military Personnel Records Jacket (MPRJ) contains a
DD Form 398 (Statement of Personal History). In Section 13 (Employment) he entered his SSN as ***-**-7567. He signed this form on 9 August 1974 certifying the entries made by him were true, complete, and correct to the best of his knowledge.
5. All documents contained in the applicant's MPRJ identify him with the SSN of
***-**-7567.
6. On 7 March 1975, the applicant was discharged. Item 3 (Social Security Number) of his DD Form 214 shows his SSN as ***-**-7567.
7. The South Carolina identification card submitted by the applicant does not contain his SSN. The SSN card he submitted shows the SSN ***-**-7367.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his correct SSN is ***-**-7367 instead of ***-**7567.
2. The applicant's enlistment contract and all documents in his MPRJ show his SSN to be ***-**-7567. On the DD Form 398 that he completed and certified to be correct he entered his SSN as ***-**-7567.
3. There is no substantive evidence to show the SSN the applicant used throughout his military service was incorrect.
4. 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.
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) AR20100009536
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ABCMR Record of Proceedings (cont) AR20100009536
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