IN THE CASE OF:	  

		BOARD DATE:	  7 July 2011

		DOCKET NUMBER:  AR20110000568 


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 correct social security number (SSN) of xxx-xx-xxx3 instead of xxx-xx-xxx4.

2.  The applicant states his SSN is incorrect on his DD Form 214.

3.  The applicant provides a copy of a social security card and a copy of his 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.  Prior to enlisting in the Regular Army (RA), the applicant completed a
DD Form 398 (Statement of Personal History) and listed his SSN as
"xxx-xx-xxx4."  He authenticated this form by placing his signature in the appropriate block.

3.  He enlisted in the RA on 8 July 1968 for a period of 2 years.  Item 1 (Service Number) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) listed his service number.  There is no indication of the applicant's SSN on this document.  He authenticated this form and all allied documents by placing his signature in the appropriate blocks.

4.  His DA Form 20 (Enlisted Qualification Record) that was created upon entering the Army shows the same SSN or SN as that shown on his
DD Form 398 and DD Form 4.  He reviewed this form and authenticated it by placing his signature in the appropriate block.

5.  Special Orders Number 133, issued by the Armed Forces Examining and Entrance Station, Memphis, TN, dated 8 July 1968, lists the applicant's SSN as "xxx-xx-xxx4 - Not verified."

6.  His record contains various personnel and medical documents, including a
DA Form 2627-1 (Record of Proceedings Under Article 15, UCMJ), reassignment orders, separation orders, VA Form 29-8286 (Servicemen's Group Life Insurance Election), and various Standard Forms (SF) 89 (Report of Medical History) that shows his SSN as "xxx-xx-xxx4."  He authenticated several of these documents by placing his signature in the appropriate block.

7.  He was honorably released from active duty on 16 July 1970 by reason of expiration of term of service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve obligation.  Item 3 of his DD Form 214 shows his SSN as "xxx-xx-xxx4."  He authenticated this form with his signature.

8.  A pencil entry in Item 2 (Social Security Number or Identification Number) of the applicant's SF 93 (Report of Medical History), dated 25 March 1973, lists his SSN as "xxx-xx-xxx3."

9.  He submitted a copy of a social security card that contains his name and the SSN of "xxx-xx-xxx3."


10.  Army Regulation 635-5 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 evidence of record shows the applicant enlisted in the RA on 8 July 1968.  It appears the applicant may not have had his SSN card when he enlisted.  Special Orders Number 133 show the applicant's SSN as "… - not verified."  However, throughout the applicant's active duty service no evidence was present listing the applicant's SSN as anything other than "xxx-xx-xxx4."

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 confirms 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.

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)                                         AR20110000568



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ABCMR Record of Proceedings (cont)                                         AR20110000568



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