IN THE CASE OF:
BOARD DATE: 23 December 2010
DOCKET NUMBER: AR20100017326
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 (Report of Separation from Active Duty) to show his social security number as # # # - 60 - # # # #.
2. The applicant states he wants the correct information [in his record].
3. The applicant provides copies of his DD Form 214 and his social security card.
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 DD Form 4 (Enlistment Contract), dated 11 May 1972, shows he enlisted in the Regular Army using social security number # # # -06 - # # # #.
3. The applicant's DA Form 428 (Application for Identification Card) shows his military identification card was issued on 24 August 1973 using social security number # # # - 06 - # # # #.
4. The applicant's DA Form 20 (Enlisted Qualification Record) shows his social security number as # # # - 06 - # # # #.
5. The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows his social security number as # # # - 06 - # # # #.
6. DD Form 214 shows the applicant was discharged on 27 February 1976. Item 3 (Social Security Number) of this form shows # # # - 06 - # # # #.
7. The applicant has provided a copy of his social security card showing his number as # # # -60 - # # # #.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his social security number as # # # - 60 - # # # #.
2. The evidence of record clearly shows that the applicant enlisted in the Regular Army, served, and was discharged, all while using a social security number of # # # -06 - # # # #.
3. 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.
4. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, confirming his current social security number will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion regarding his social security number, and satisfy his desire to have his current social security number documented in his record.
5. In view of the above, the applicants request should be denied.
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) AR20100017326
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