IN THE CASE OF:
BOARD DATE: 15 March 2011
DOCKET NUMBER: AR20100019437
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 (Certificate of Release or Discharge from Active duty) to show his correct social security number (SSN).
2. The applicant states his DD Form 214 shows his SSN as XXX-00-41XX, but his actual SSN is XXX-92-00XX.
3. The applicant provides copy of his social security card and California driver's 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 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 enlisted in the Regular Army on 11 September 1974 for a period of 3 years. He was discharged under honorable conditions on 23 July 1975 after completing 10 months and 13 days of creditable active service.
3. The DD Form 4 (Enlistment/Reenlistment Document) executed at the time of his enlistment shows his SSN as "XXX-00-41XX."
4. Item 2 (SSN) of his DA Form 2-1 (Personnel Qualification Record) shows "XXX-00-41XX."
5. Item 3 (SSN) of his DD Form 214 shows "XXX-00-41XX."
6. A review of his official military personnel file (OMPF) shows he used SSN XXX-00-41XX throughout his military service. It also shows those documents requiring his signature and containing his SSN show "XXX-00-41XX."
7. The social security card he provides shows his SSN as "XXX-92-00XX."
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The version of the regulation in effect at the time stated for item 3 to verify accuracy with the SSN of record.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant entered active service using the SSN XXX-00-41XX. Throughout his short military service he signed official documents containing the SSN XXX-00-41XX that he now claims is incorrect. Therefore, there is no basis for granting the applicant's requested relief.
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 SSN will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and satisfy his desire to have his correct SSN documented in his military record.
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 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) AR20100019437
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