BOARD DATE: 1 March 2011
DOCKET NUMBER: AR20100021245
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 item 3 (Social Security Number (SSN)) of his DD Form 214 (Report of Separation from Active Duty) be corrected.
2. The applicant states:
* his SSN is incorrect on his DD Form 214
* he just found out his SSN is different than the SSN he has been using
* Social Security Administration reissued him a new card with the correct SSN
* his SSN is 4xx-9x-4xxx
3. The applicant provides:
* Social Security card
* Letter from the Social Security Administration, dated 29 June 2010
* 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. His enlistment record shows his SSN as 4xx-6x-6xxx. He enlisted in the Regular Army (RA) on 3 August 1976 for a period of 3 years. He trained as a materiel supplyman was honorably discharged on 12 April 1978.
3. Item 3 of the applicant's DD Form 214 shows SSN 4xx-6x-6xxx.
4. All of the applicant's service personnel records show SSN 4xx-6x-6xxx.
5. He provided documentation from the Social Security Administration in Sterling, Illinois which states his SSN is 4xx-9x-4xxx.
6. 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. 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 applicant's contention that the SSN shown on his DD Form 214 is incorrect was noted. However, evidence shows SSN 4xx-6x-6xxx was used when he enlisted in the RA in 1976 and when he was discharged from the RA in 1978.
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 confirm 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 no basis for granting the applicant's request.
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) AR20090020892
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ABCMR Record of Proceedings (cont) AR20100021245
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