IN THE CASE OF:	  

		BOARD DATE:	  17 February 2011

		DOCKET NUMBER:  AR20100019364 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as "xxx-xx-1498" instead of "xxx-xx-1668."

2.  The applicant states his mother signed the form (for entry into the military) and provided the SSN, which is not the number he was born with.

3.  The applicant provides a statement from the Social Security Administration (SSA).

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.  On 11 July 1968, prior to enlisting in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History) and listed his SSN as "xxx-xx-1668."  He authenticated this form by placing his signature in the appropriate block.

3.  He enlisted in the Regular Army on 17 July 1968.  Item 19 (SSAN (Social Security Account Number)) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) listed his service number as "xxx-xx-1668."  He authenticated this form and all allied documents by placing his signature in the appropriate blocks.

4.  His DA Form 20 (Enlisted Qualification Record) that was created upon his entrance into the Army shows the same SSN as that shown on his DD Form 398 and DD Form 4.  He reviewed this form and authenticated it by placing his signature in the appropriate block.

5.  His records contain various personnel documents, including promotion, reassignment, separation orders, DD Form 1584 (National Agency Check Request), and DA Form 428 (Application for Identification Card) that show his SSN as "xxx-xx-1668."  He authenticated several of these documents by placing his signature in the appropriate block.

6.  He was released from active duty on 8 November 1971 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 5.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation.  Item 3 (SSN) of his DD Form 214 shows his SSN as "xxx-xx-1668."  He authenticated this form with his signature

7.  Army Regulation 635-5 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 evidence of record shows the applicant enlisted in the RA on 17 July 1968 and listed his SSN as "xxx-xx-1668."  He used this SSN throughout his entire period of active service.  He authenticated several documents by placing 


his signature in the appropriate blocks, indicating this was his correct SSN.  He did not use the SSN shown on the document he provided with his application to this Board during the time he served on active 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 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 DOB, 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.  Lacking convincing independent and verifiable evidence to the contrary, it is presumed his military service records, including the DD Form 214, was correct at the time.

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

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)                                         AR20100019364



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ABCMR Record of Proceedings (cont)                                         AR20100019364



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