IN THE CASE OF:
BOARD DATE: 1 February 2011
DOCKET NUMBER: AR20100017295
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) and date of birth (DOB) be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states:
* The last four digits of his SSN are 6546, not 3924
* He was born in 1948, not 1958
3. The applicant provides his Veterans Administration (VA) identification card; his VA disability pension award; his DD Form 214; a document showing his civilian employment retirement estimate; a copy of his certificate of birth; documents from Social Security Administration; and his driver license.
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 DOB was corrected on 20 May 1983 to show 1948. As such, this portion of his request will not be discussed further in these proceedings. A copy of the DD Form 215 (Correction to DD Form 214) making this correction will be provided to him.
3. The applicant enlisted in the Regular Army on 24 June 1966. At that time SSNs were not used. However, the applicant's records show he used the SSN ending with 3924 throughout his enlistment except for two documents which show the SSN ending with 3964, which is assumed to be a typographical error.
4. The applicant was honorably released from active duty on 27 June 1969. The DD Form 214 he was issued shows his SSN ending with 3924.
DISCUSSION AND CONCLUSIONS:
1. For historical purposes, the Army has an interest in maintaining the integrity of its records. The information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
2. In the absence of a showing of material error or injustice, those records should not be changed.
3. In the applicant's case the records reflect the SSN under which military service was performed.
4. While the applicant's desire to have his records changed is understood, he has established no basis for compromising the integrity of the Army's records.
5. In view of the forgoing, 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) AR20100017295
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100017295
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