BOARD DATE: 18 November 2010
DOCKET NUMBER: AR20100014441
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as "XXX-82-XX57" instead of "XXX-08-XX25."
2. The applicant states that the incorrect number is a result of clerical error.
3. The applicant provides a Social Security Administration (SSA) Form 7028 which verifies his SSN as "XXX-82-XX57."
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 enlisted in the Regular Army on 10 September 1971 for a period of 3 years. Upon completion of basic combat and advanced individual training he was awarded military occupational specialty 71B (Clerk Typist).
3. Item 1 (Service Number/SSAN) of his DD Form 4 (Enlistment Record Armed Forces of the United States) shows the entry "XXX-08-XX25."
4. His records contain a copy of his DD Form 214 which shows he was honorably discharged on 6 February 1974 after completing 2 years, 4 months, and 10 days of net active service. The applicant's DD Form 214 shows the entry "XXX-08-XX25" in item 3 (SSN).
5. A copy of his DA Form 2-1 (Personnel Qualification Record Part I) lists his SSN as "XXX-08-XX25."
6. The available records show that all documents signed by the applicant during the period 10 September 1971 through 6 February 1974 list his SSAN as
"XXX-08-XX25."
7. The applicant submits a printout from the SSA which verifies his SSN as "XXX-82-XX57."
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to correct his DD Form 214 to change his SSN to "XXX-82-XX57" was carefully considered; however, it is not supported by the evidence of record.
2. Although the applicant has provided a document from the SSA which verifies his current SSN as "XXX-82-XX57," he consistently used the SSN of
"XXX-08-XX25" throughout his Army service, as evidenced by Army records.
3. The Army has an interest in maintaining the accuracy of its records. The data and information contained in the available records should reflect the conditions and circumstances that existed at the time the records were created. While it is understandable that 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 will be filed in his official military personnel file (OMPF). This should serve to clarify any questions that may arise regarding the two different SSN's recorded in his military records and to satisfy his desire to have his current 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) AR20100014441
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ABCMR Record of Proceedings (cont) AR20100014441
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