IN THE CASE OF:
BOARD DATE: 26 July 2011
DOCKET NUMBER: AR20110000670
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 the last four digits of his social security number (SSN) as "4426" instead of "0442."
2. The applicant states he recently discovered his SSN is incorrectly listed on his DD Form 214.
3. The applicant provides copies of his DD Form 214 and social security 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 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 military records are not available to the Board for review. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 16 May 1966 and he held military occupational specialty 11B (Light Weapons Infantryman). His DD Form 47 (Induction Record) and accompanying DD Form 398 (Statement of Personal History) are not available for review with this case.
4. He was honorably released from active duty on 17 May 1968 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation. He completed 1 year, 11 months, and 29 days of creditable active service, of which 1 year and 1 day was foreign service
5. Item 3 (SSN) of his DD Form 214 listed his SSN as "xxx-xx-0442." He authenticated this form by placing his signature in the appropriate block.
6. He submitted a copy of his social security card that lists an individual with the same full name and the SSN of "xxx-xx-4426."
DISCUSSION AND CONCLUSIONS:
1. The applicant's service records are not available for review with this case. However, his reconstructed records contain a duty-constituted DD Form 214 that contains "0442" as the last four digits of his SSN. Although he submitted a social security card that contains "4426" as the last four digits it is unclear if he used such number during his military service.
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 he desires to now record his correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys 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 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 current SSN documented in his OMPF.
4. In view of the foregoing, 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) AR20110000670
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ABCMR Record of Proceedings (cont) AR20110000670
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