IN THE CASE OF:
BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20100025472
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 show his social security number (SSN) as "XXX-XX-1503."
2. The applicant states the SSN shown on his DD Form 214 is incorrect and, in effect, that the numbers listed in the seventh [3] and ninth [5] positions are reversed. His correct SSN has the number "5" as the seventh digit and the number "3" as the ninth digit.
3. The applicant provides his DD Form 214 and social security card in support of his application.
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 evidence of record shows the applicant enlisted in the Regular Army on 26 August 1968. The DD Form 4 (Enlistment Contract Armed Forces of the United States) prepared during his enlistment processing lists his SSN in item 19 (Social Security Account Number) using the number "3" as the seventh digit and the number "5" as the ninth digit.
3. The applicant entered his SSN using the number "3" as the seventh digit and the number "5" as the ninth digit in item 13 (Employment) of the DD Form 398 (Statement of Personal History) he completed during his enlistment processing on 9 August 1968.
4. The applicant's DA Form 20 (Enlisted Qualification Record) prepared on 30 August 1968 upon the applicant's entry on active duty lists his SSN using the number "3" as the seventh digit and the number "5" as the ninth digit.
5. All orders and documents in the applicant's military personnel records jacket that list an SSN use the number "3" as the seventh digit and the number "5" as the ninth digit.
6. On 8 October 1971, the applicant was honorably released from active duty (REFRAD) in the rank of specialist four after completing 2 years, 11 months, and 29 days of active military service. The DD Form 214 he was issued lists the SSN he now claims is incorrect using the number "3" as the seventh digit and the number "5" as the ninth digit in item 3 (Social Security Number).
7. On 24 July 1974, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, Missouri, Letter Orders Number 07-1245839 directed the applicant's discharge from the U.S. Army Reserve on 1 August 1974. The SSN listed in the standard name line of these orders is the same as the SSN entered on the DD Form 214 he was issued upon his REFRAD on 8 October 1971.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the SSN listed on his DD Form 214 is incorrect was carefully considered. However, there is insufficient evidence to support this claim.
2. While it is understandable the applicant would like his SSN to reflect the one he now claims is correct and that is listed on his social security card, the evidence of record confirms he entered, performed his military service, and was separated and ultimately discharged under the SSN he now claims is incorrect showing the number "3" as the seventh digit and the number "5" as the ninth digit.
3. The Army has an interest in maintaining the accuracy of its records for historical purposes and normally would not change an SSN under which a member performed military service because the military records should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed. Absent any evidence the applicant has or will suffer some injustice as a result of the alleged SSN error, it would not be appropriate to change the SSN listed on his DD Form 214 given it is the SSN under which he performed his military service.
4. This Record of Proceedings will be filed in his official military personnel file to provide clarity for any confusion that might arise regarding his different SSN's. Filing the Board's decisional document will also guarantee the historical accuracy of the applicant's military record regarding the SSN under which he served.
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) AR20100025472
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ABCMR Record of Proceedings (cont) AR20100025472
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