IN THE CASE OF:
BOARD DATE: 13 January 2011
DOCKET NUMBER: AR20100017729
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 military records to show his social security number (SSN) as "3xx-4x-xxxx" instead of "8xx-7x-xxxx."
2. The applicant states the Army copied the wrong SSN.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a Form SSA-2458 (Report of Confidential Social Security Benefit Information).
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 was inducted into the Army of the United States on 25 May 1966. His DD Form 47 (Record of Induction) listed his Service Number; it did not list his SSN.
3. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his SSN as "8xx-4x-xxxx." He reviewed this form at a later date and authenticated it by placing his signature in the appropriate block.
4. On 15 August 1967, he completed a DA Form 41 (Record of Emergency Data) and listed his SSN as "8xx-4x-xxxx." He authenticated this form by placing his signature in the appropriate block.
5. On 14 March 1968, Headquarters, 35th Engineer Battalion, Vietnam, published Special Orders Number 54, reassigning him to the U.S. Army Transfer Station, Fort Lewis, WA, for the purpose of separation. The orders listed his SSN as "8xx-4x-xxxx."
6. On 9 April 1968, Headquarters, U.S. Army Personnel Center, Fort Lewis, published Special Orders Number 100 releasing him from active duty. The orders listed his SSN as "8xx-4x-xxxx."
7. He was honorably released from active duty on 9 April 1968 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. Item 3 (SSN) of his DD Form 214 listed his SSN as "8xx-7x-xxxx." He authenticated this form by placing his signature in the appropriate block.
8. The applicant submitted a Form SSA-2458, dated 8 June 2010, that lists an individual with the same full name and the SSN of "3xx-4x-xxxx."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows upon his entry on active duty, a DA Form 20 was created and listed his SSN as "8xx-4x-xxxx." He later completed a DA Form 41 and he was issued orders that listed his SSN as "8xx-4x-xxxx." While it is unclear why he used two different SSNs, he did not use the requested SSN of "3xx-4x-xxxx" during his military service.
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 Armys 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 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) AR20100017729
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100017729
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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