IN THE CASE OF:
BOARD DATE: 27 September 2011
DOCKET NUMBER: AR20100028474
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 the social security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states his SSN is shown as 2xx-xx-xxx2, but according to the Social Security Administration (SSA) his SSN is 2xx-xx-xxx1. He filed a claim with the Department of Veterans Affairs (VA), and they noticed the error.
3. He provides:
* an SSA SSN printout
* his VA file number
* a DA Form 31 (Request and Authority for Leave)
* a DD Form 215 (Correction to DD Form 214)
* his Certificate of Retirement
* a letter from the VA informing him of the discrepancy in his SSN
* four DD Forms 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army of the United States on 21 January 1952. He retired from the Regular Army on 30 September 1973 after completing 21 years, 8 months, and 10 days of total service creditable for basic pay purposes.
3. A review of his record shows his SSN was recorded consistently as
2xx-xx-xxx2 throughout his service.
4. His record includes four DD Forms 214 bearing his SSN:
* DD Forms 214 for the periods ending 10 October 1960 and 10 October 1966 show SSN 2xx-xx-xxx2 in item 32 (Remarks)
* DD Forms 214 for the periods ending 9 October 1969 and 30 September 1973 show SSN 2xx-xx-xxx2 in item 3 (SSN)
5. His record includes three DD Forms 215 issued by the National Archives and Records Administration (NARA), all dated 17 December 2010, that added the SSN 2xx-xx-xxx1 to his DD Forms 214 for the periods ending 10 October 1960, 10 October 1966, and 30 September 1973.
6. His record does not include a DD Form 215 adding the SSN 2xx-xx-xxx1 to his DD Form 214 for the period ending 9 October 1969.
7. The SSA SSN printout he provides shows his SSN is 2xx-xx-xxx1.
DISCUSSION AND CONCLUSIONS:
1. 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.
2. The evidence of record shows the applicant used SSN 2xx-xx-xxx2 throughout his active military service. Prior to the issue of DD Forms 215 adding SSN 2xx-xx-xxx1, the applicant's records accurately reflected the conditions and circumstances that existed at the time the records were created.
3. However, by issuing three DD Forms 215 instead of the four required, NARA created an error that should now be corrected. Accordingly, it would be appropriate to issue a DD Form 215 to correct the SSN shown on his DD Form 214 for the period ending 9 October 1969.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the SSN 2xx-xx-xxx2 from his DD Form 214 for the period ending 9 October 1969 and adding SSN 2xx-xx-xxx1.
_______ _ _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) AR20100028474
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ABCMR Record of Proceedings (cont) AR20100028474
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