BOARD DATE:	  14 December 2010

		DOCKET NUMBER:  AR20100015551 


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 the last four digits of his social security number (SSN) as "9978" instead of "7399."

2.  The applicant states the SSN shown on his DD Form 214 is incorrect.

3.  The applicant provides:

* his DD Form 214
* a verification statement from the Social Security Administration (SSA)

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 (RA) on 22 March 1977 for a period of 3 years.  Item 2 (SSN) of his DD Form 4 (Enlistment or Reenlistment Agreement) shows his SSN as "xxx-xx-7399."  He authenticated this form and all allied documents by placing his signature in the appropriate places. 

3.  His DA Form 2 (Personnel Qualification Record - Part 1) and DA Form 2-1 (Personnel Qualification Record - Part 2), that were created upon his entrance into the Army show the same SSN as that shown on his DD Form 4.  He reviewed these forms and authenticated the DA Form 2-1 by placing his signature in the appropriate block. 

4.  His records contain various personnel and medical documents, including promotion, reassignment, award, and separation orders; enlistment order; military occupational specialty order; a DA Form 873 (Certificate of Clearance and/or Security Determination); a DA Form 638 (Application for Identification Card); and various other records that show his SSN as "xxx-xx-7399."  He authenticated several of these documents by placing his signature in the appropriate block.

5.  He was honorably retired on 4 March 1980 by reason of temporary physical disability.  Item 3 of his DD Form 214 shows his SSN as "xxx-xx-7399."

6.  The applicant submitted a letter from the SSA, dated 16 April 2010.  This letter states, in pertinent part, "This is a receipt to show that you applied for a Social Security Card on April 16, 2010."  An enclosure to this letter indicates he was assigned SSN "xxx-xx-9978."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the RA on 22 March 1977 using SSN "xxx-xx-7399."  He consistently used this SSN throughout his entire period of military service.  He authenticated several documents by placing his signature in the appropriate blocks, indicating this was his correct SSN.  He did not use the SSN shown on his SSN card during the time he served on active duty.

2.  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, there is a reluctance to recommend that those records be changed.  While it is 

understandable the applicant desires to now record his correct 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.  

3.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct SSN, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have his correct SSN documented in his OMPF.

4.  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 insufficient evidence to grant him relief in this case.

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)                                         AR20100015551



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ABCMR Record of Proceedings (cont)                                         AR20100015551



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