IN THE CASE OF:	  

		BOARD DATE:	  28 October 2010

		DOCKET NUMBER:  AR20100012704 


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 correction of item 3 (Social Security Number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the number "2" instead of the number "9" in the second digit. He also requests that an official copy of the corrected DD Form 214 be sent to the Social Security Administration (SSA).

2.  The applicant states the SSA would not complete his retirement application because his SSN on his DD Form 214 is incorrect due to what appears to be a clerical error.

3.  The applicant provides a copy of his DD Form 214.

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.  Prior to his enlistment in the Regular Army (RA), on 14 August 1966, the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his SSN with the number "2" in the second digit.  He authenticated this form by placing his signature in the appropriate block. 

3.  His records show he enlisted in the RA for a period of 3 years on 18 October 1966.  His DD Form 4 (Enlistment Record - Armed Forces of the United States) shows his Service Number; however, it does not show his SSN.

4.  His DA Form 20 (Enlisted Qualification Record), which was created upon his entry on active duty, shows his SSN is listed with the number "9" in the second digit.  He reviewed this form at a later date and placed his signature in the appropriate block.

5.  His records also show he completed basic and advanced individual training and was awarded military occupational specialty 15E (Pershing Missile Crewmember). 

6.  His records contain various records that contain conflicting information regarding his SSN as follows:

	a.  Personnel and medical documents, including a separation order, statement of medical condition, the service member's statement concerning application for compensation from the Department of Veterans Affairs, various computerized punch cards, a DA Form 2376 (Notification to the State Adjutant General Release from Active Duty of Obligated Reservist), and a dependent medical care form that shows the applicant's SSN with the number "9" as the second digit.

	b.  Personnel and medical documents, including a record of emergency data, award of a marksmanship badge, promotion order, report of medical examination, report of medical history, temporary duty order, individual and/or organizational clothing and equipment record, and reassignment orders that show the SSN with the number "2" as the second digit. 

	c.  He authenticated several of these documents by placing his signature in the appropriate block.

7.  He was honorably released from active duty on 17 October 1969 and transferred to the U.S. Army Reserve to complete his Reserve obligation.  Item 3 of the DD Form 214 shows his SSN as "x9x-xx-xxxx" (the number "9" is shown as the second digit).  He authenticated this form with his signature.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the SSN shown on his DD Form 214 should be corrected. 

2.  The evidence of records shows prior to his enlistment, he listed an SSN that contained the number "2" in the second digit.  However, subsequent to his enlistment, he completed several personnel or medical forms that listed conflicting information regarding his SSN.  Some forms listed the number "2" in the second digit while others listed the number "9."  It is unclear why he used two SSNs. 

3.  For historical purposes, the U.S. Army has an interest in maintaining the accuracy of its records.  In this regard, the information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed.  Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, was correct at the time and there is an insufficient evidentiary basis for changing his military service records at this time. 

4.  The applicant is advised that the ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  

5.  With respect to sending a copy of his corrected DD Form 214 to the SSA, even if the ABCMR had corrected his DD Form 214 corresponding with the SSA on behalf of the applicant or any other agency is not within the jurisdiction of the ABCMR.  









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)                                         AR20100012704



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ABCMR Record of Proceedings (cont)                                         AR20100012704



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