IN THE CASE OF:
BOARD DATE: 28 July 2011
DOCKET NUMBER: AR20110001093
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 the SSN on his DD Form 214 contains a "3" as the first digit and it should be corrected to show a "5."
3. He provides a copy 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. The applicant's military records contain a DD Form 398 (Statement of Personal History), dated 23 October 1968. This form was completed by the applicant and it does not contain his SSN. His DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 2 February 1967, was signed by the applicant and it also does not contain his SSN. Both documents contain his service number. However, his DA Form 41 (Record of Emergency Data), Item 9 (SSN), contains an SSN and it shows the first digit as a "3."
3. On 2 February 1967, he enlisted in the Regular Army (RA), in pay grade E-1, and he was assigned and further identified throughout his military service with a service number which began with the prefix "RA" for Regular Army.
4. His DA Form 20 (Enlisted Qualification Record) and most of the documents in his official military personnel file (OMPF) that contain an SSN show the SSN that is on his DD Form 214. However, at some unknown point, a few of his records began to reflect an SSN with "5" as the first digit.
5. On 17 April 1970, he was honorably released from active duty at the expiration of his term of service and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). Item 3 (SSN) of his DD Form 214 lists the first digit of his SSN as "3."
6. He was honorably discharged from the USAR on 1 February 1973. The SSN listed on his discharge orders is the same SSN as that shown on his DD Form 214.
7. He provided a copy of his Social Security Card which shows the first digit of his SSN as "5."
DISCUSSION AND CONCLUSIONS:
1. At the time of the applicant's enlistment and at the time of his release from active duty he used the SSN listed on his DD Form 214 or his service number.
2. The SSN that is shown on the majority of the documents in his OMPF contain a "3" as the first digit. He served using this SSN until he was separated in 1970 upon his transfer to the USAR to complete his Reserve obligation and at the time of his discharge from the USAR.
3. His desire to have his DD Form 214 changed is understood; however, 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. 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 he submitted will be filed in his OMPF. This should serve to clarify any questions or confusion that may arise 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) AR20110001093
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ABCMR Record of Proceedings (cont) AR20110001093
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