IN THE CASE OF:	  

		BOARD DATE:	  21 December 2010

		DOCKET NUMBER:  AR20100016170 


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 (Report of Transfer or Discharge) to show "xxx-xx-6xxx" instead of "xxx-xx-7xxx."

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

3.  The applicant provides:

* his Social Security card, dated 30 October 2009
* his DD Form 214
* documentation from the Social Security Administration (SSA), dated
17 May 2010

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), dated 
30 September 1964, shows the entry "Unknown" in the SSN section.  He was ordered to active duty from the U.S. Army Reserve (USAR) on 12 August 1965.  He served as a surgeon and he was released from active duty on 11 August 1967 and reverted to the USAR Control Group (Reinforcement).

3.  Item 3 of the applicant's DD Form 214 shows his SSN as "xxx-xx-7xxx."

4.  On 11 March 1968, the applicant was honorably discharged from the USAR Control Group (Reinforcement).  The discharge orders list his SSN as "xxx-xx-7xxx.

5.  The majority of the applicant's service personnel records contain a service number.  However, his DA Form 41 (Record of Emergency Data), dated 15 May 1967, and USAR discharge orders show his SSN is "xxx-xx-7xxx."

6.  The applicant provided a copy of his Social Security card and documentation from the SSA which shows his SSN as "xxx-xx-6xxx."

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 applicant's contention that his SSN on his DD form 214 is incorrect and should read "xxx-xx-6xxx" was noted.  However, the evidence of record shows his SSN of "xxx-xx-7xxx" was used on his DA Form 41 in May 1967, upon his release from active duty in August 1967, and at the time of discharge from the USAR in March 1968.

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.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20100016170



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ABCMR Record of Proceedings (cont)                                         AR20100016170



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