IN THE CASE OF:	  

		BOARD DATE:	  3 February 2011

		DOCKET NUMBER:  AR20100019868 


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 (Armed Forces of the United States Report of Transfer or Discharge) to his social security number (SSN) as xxx-xx-9067 instead of xxx-xx-7108.

2.  The applicant states, in effect, the wrong SSN is shown on his DD Form 214.

3.  The applicant provides a social security card and his DD Form 214.

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.  Prior to his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his SSN as xxx-xx-9067.  He authenticated this form by placing his signature in the appropriate block. 

3.  His records show he was inducted into the AUS on 26 July 1966.  His DD Form 47 (Record of Induction) listed his Service Number; it did not list his SSN.  

4.  His DA Form 20 (Enlisted Qualification Record), which was created upon his entry on active duty, shows his SSN as xxx-xx-7108.  He reviewed this form at a later date and authenticated it. 

5.  His records also show he completed basic and advanced individual training and he was awarded military occupational specialty (MOS) 12B (Combat Engineer). 

6.  His records contain various records that contain conflicting information regarding his SSN as follows:

	a.  Personnel documents, including a DA Form 41 (Record of Emergency Data) and orders awarding him MOS 12B that show the applicant's SSN as
xxx-xx-9067.

	b.  Personnel documents, including reassignment orders, orders promoting him to specialist five, and orders releasing him from active duty that show the applicant's SSN as xxx-xx-7108.

7.  He was honorably released from active duty on 20 July 1968 and transferred to the U.S. Army Reserve to complete his Reserve obligation.  Item 3 of the DD Form 214 shows his SSN as xxx-xx-7108.  He authenticated this form with his signature.

8.  He submitted a copy of a social security card that contains his name and an SSN of xxx-xx-9067. 

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of records shows prior to his induction, he listed an SSN of
xxx-xx-9067.  However, subsequent to induction, his service records contain several personnel forms that listed conflicting information regarding his SSN.  Some forms listed xxx-xx-9067 while others listed xxx-xx-7108.  It is unclear why he used two SSNs. 

2.  For historical purposes, the U.S. Army has an interest in maintaining the accuracy of its records.  In this regard, the information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed.  Therefore, in the absence of convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, was correct at the time and there is an insufficient evidentiary basis for changing his military service records at this time. 

3.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms the SSN that he now uses, will be filed in his service records.  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 SSN he currently uses documented in his records.

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)                                         AR20100019868



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ABCMR Record of Proceedings (cont)                                         AR20100019868



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