IN THE CASE OF:
BOARD DATE: 5 July 2011
DOCKET NUMBER: AR20100030325
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 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 that his DD Form 214 has the wrong SSN shown on it.
3. He provides copies of his DD Form 214 and a SSN card.
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's military records contain a DD Form 398 (Statement of Personnel History) dated 23 October 1968. This form, completed by the applicant, does not contain his SSN. His DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 22 November 1968, signed by the applicant also does not contain his SSN. His SSN is listed as "Unknown."
3. His military records show he enlisted in the Regular Army (RA), in pay grade E-1, on 22 November 1968, for 2 years. At the time of his entry into the RA, he was assigned and further identified throughout his military service with a service number which began with the prefix "RA" for Regular Army. At some unknown point, some of his records began to reflect the SSN 422-xx-xxxx.
4. His DA Form 20 (Enlisted Qualification Record) and most documents contained in his official military personnel file (OMPF) show the same SSN as that shown on his DD Form 214 or his service number.
5. He was honorably released from active duty on 5 July 1970, as an overseas returnee, and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). Item 3 (SSN) of his DD Form 214 lists the SSN he used throughout his period of military service.
6. A DA Form 2376 (Notification to State Adjutant's General Release from Active Duty of Obligated Reservist), shows the same SSN as that shown on his DD Form 214.
7. He was honorably discharged from the USAR on 23 October 1974. The SSN listed on his discharge orders appears to be a variation of his RA service number.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows at the time of the applicant's enlistment and at the time of his release from active duty he served under the SSN listed on his DD Form 214 or his service number. This SSN is a totally different SSN than that listed on the SSN card he submitted with his application. His USAR discharge orders show neither SSN.
2. The evidence of record confirms the SSN shown on all documents contained in his OMPF was recognized by the Army and he served with that SSN until the time of his separation in 1970 and on his transfer to the USAR to complete his Reserve obligation.
3. While the his desire to have the records changed is understandable, there is no basis for compromising the integrity of the Army's records. For historical purposes, the Army has an interest in maintaining the accuracy of its records for historical purposes. The data 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, no basis has been established to support the change requested.
4. A copy of this decisional document along with the application and enclosures will be filed in his OMPF. This should serve to clarify any questions or confusion regarding the different SSNs.
5. In view of the foregoing, there is no basis for granting his 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) AR20100030325
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100030325
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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