IN THE CASE OF:
BOARD DATE: 13 January 2011
DOCKET NUMBER: AR20100018496
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)) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show an SSN with the first three digits beginning with 265 instead of the currently reflected SSN with the first three digits of 229.
2. The applicant states the SSN currently reflected on his DD Form 214 is incorrect.
3. The applicant provides copies of his DD Form 214 and a printout from the Social Security Administration.
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. On 7 June 1966, the applicant enlisted in the Regular Army for 3 years. His DD Form 4 (Enlistment Record Armed Forces of the United States) does not show his SSN.
3. The applicants DD Form 398 (Statement of Personal History) shows he and his father have the same name. He is Jr. and his father is Sr.
4. A review of the applicants official military records shows that the SSN with the first three digits of 229 is used on every document pertaining to him that requires an SSN.
5. Further review of his official military records fails to reveal an SSN pertaining to him beginning with the digits 265 contained anywhere therein.
6. He was honorably discharged 23 April 1969. Item 3 on the DD Form 214 he received shows the SSN with the first three digits of 229.
7. The printout from the Social Security Administration, as provided by the applicant, indicates that the SSN beginning with the digits 265 is assigned to an individual with the same name as the applicant.
8. 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. It states that the DD Form 214 is a synopsis of the Soldiers 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.
9. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted. His supporting documents have been considered. However, every document contained in his official military record that required his SSN shows he served in the Army using the SSN with 229 as the first three digits.
2. There are no documents contained in his official military record showing an SSN pertaining to him beginning with the digits 265.
3. Additionally, the applicant has provided no explanation as to how such an error could have occurred. 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. In view of the foregoing, the applicant's 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) AR20090005994
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100018496
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