IN THE CASE OF:
BOARD DATE: 19 July 2011
DOCKET NUMBER: AR20110000796
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 (Report of Separation from Active Duty) to show the fifth digit of his social security number (SSN) as
2 instead of 6.
2. The applicant states, in effect, that the SSN on his DD Form 214 needs to be corrected because it does not match the SSN on his social security card. He adds that he was under the impression the Army was going to correct this error, but he never received a DD Form 215 (Correction to DD Form 214).
3. The applicant provides his DD Form 214 and a photocopy of his 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 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. His military records show he enlisted in the Regular Army on 29 November 1974. He completed initial entry training and was awarded the military occupational specialty of automotive repairman. The highest rank/grade he attained was specialist four/E-4.
3. On 28 November 1977, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed a total of 3 years of active service.
4. His DD Form 214, DD Form 4 (Enlistment Contract - Armed Forces of the U.S.), and nearly all other documents in his Official Military Personnel File (OMPF) containing an SSN show SSN XXX-X6-XXXX.
5. The social security card he provided shows his SSN as XXX-X2-XXXX.
6. Army Regulation 635-5 (Separation Documents) provides 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 service at the time of release from active service, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant provides a current social security card showing his SSN as
XXX-X2-XXXX. However, the SSN predominantly used throughout his military service was XXX-X6-XXXX. He enlisted, served, and was discharged under the SSN currently shown on his DD Form 214.
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. There is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to have his military records corrected to show the SSN that is on his social security card, 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 OMPF. This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and the SSN he now uses.
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) AR20110000796
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ABCMR Record of Proceedings (cont) AR20110000796
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