IN THE CASE OF:	  .

		BOARD DATE:	  21 June 2011

		DOCKET NUMBER:  AR20100029050 


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 Forms 214 (Armed Forces of the United States Report of Transfer or Discharge/Report of Separation from Active Duty) for the periods ending on 6 January 1972 and 29 November 1976 to show his serial number (SN) and/or social security number (SSN) as "x21-xx-x625" instead of "x17-xx-x421."

2.  The applicant states he has tried to correct his SN/SSN to no avail.  

3.  The applicant provides:

* Notification of Eligibility for Retired Pay at Age 60 (20-year Letter)
* Orders 265-27 reassigning him to the Retired Reserve
* DD Form 214 for the period ending 29 November 1976
* DD Form 214 for the period ending 6 January 1972
* Social Security Card
* 1981 and 1984 DD Forms 4 (Enlistment/Reenlistment Document)
* Certificates of training
* Promotion order
* Letters of appreciation
* 1972 DD Form 4

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’s records show he was inducted into the Army of the United States (AUS) on 29 January 1970.  Item 2 (SN) of his DD Form 47 (Record of Induction, the version dated 1 November 1959) listed his SN as "x17-xx-x421."
(Effective 1 July 1969, the SSN replaced the SN as a means of personal identification.  Previously, the SN for male enlisted Soldiers was an 8-digit number.)

3.  His service records contain various documents including reassignment orders, promotion orders, a record of nonjudicial punishment, awards and decorations, and discharge orders that listed his SN/SSN as "x17-xx-x421."

4.  He was honorably released from active duty on 6 January 1972 and he was transferred to the U.S. Army Reserve (USAR) Control Group to complete his remaining service obligations.  Item 3 (SSN) of his DD Form 214 for this period listed his SSN as "x17-xx-x421."  He authenticated this form by placing his signature in the appropriate block.

5.  He enlisted in the Regular Army (RA) on 30 October 1972.  Item 1 (SN/SSN) of his DD Form 4 also listed his SSN as "x17-xx-x421."  He authenticated this form by placing his signature in the appropriate block.

6.  Item 2 (SSN) of his DA Form 2-1 (Personnel Qualification Record) also listed his SSN as "x17-xx-x421."  He authenticated this form at a later date by placing his signature in the appropriate block.

7.  He was honorably discharged on 29 November 1976.  Item 3 (SSN) of his DD Form 214 for this period of service also listed his SSN as "x17-xx-x421."  He again authenticated this form by placing his signature in the appropriate block.

8.  He enlisted in the USAR for 1 year on 7 February 1977.  Item 2 (SSN) of his DD Form 4 also listed his SSN as "x17-xx-x421."  He authenticated this form by placing his signature in the appropriate block.

9.  He reenlisted in the USAR on 28 January 1978.  At this time, he began using the requested SSN.  He served through multiple extensions or reenlistments, using the new SSN, completed several training courses, and was awarded several letters of appreciation, listing the requested SSN.

10.  He was transferred to the Retired Reserve on 17 July 1995 and he was ultimately placed on the retired list on 26 September 2010.  His retirement order listed the requested SSN.

11.  The applicant submitted a copy of a Social Security card that shows an individual with the same name as that of the applicant with an SSN of "x21-xx-x625." 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows upon his induction into the AUS on 29 January 1970 and enlistment in the RA on 30 October 1972, the applicant used an SSN that ended with the number 421.  He consistently used this SSN during his two periods of active duty.  He also authenticated several documents by placing his signature in the appropriate blocks, indicating this was his correct "SSN."  

2.  He even used this SSN when he enlisted on 7 February 1977 in the USAR.  He did not use the SSN shown on the social security card he provided with his application to this Board during the time he served on active service.  He began using this SSN in January 1978.  It is unclear why he used two different SSNs.

3.  As a matter of information, the applicant never had an SN.  However, his induction and first enlistment occurred so close to the time the military started using the SSN in lieu of the SN that its induction/enlistment forms had not had time to catch up.

4.  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.

5.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct SSN, will be filed in his service records and/or 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.

6.  Therefore, lacking 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 insufficient evidence to grant him relief in this case.

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)                                         AR20100029050



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ABCMR Record of Proceedings (cont)                                         AR20100029050



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