BOARD DATE:	  2 August 2011

		DOCKET NUMBER:  AR20110001451 


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) that is recorded in his military service records.

2.  The applicant states the third and fourth digits of the SSN recorded in his military records are incorrect and should be changed from "XX9-0X-XXXX," to "XX0-9X-XXXX."  He adds that he is looking for government employment.
	
3.  The applicant provides a copy of his social security card, State of California Affidavit to Amend a Record, and a driver's license.

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.  A DD Form 1966 (Application for Enlistment - Armed Forces of the United States), completed by the applicant for his entrance in the U.S. Armed Forces, shows in the SSN block the entry "XX9-0X-XXXX."  The applicant certified the accuracy of the information on the form by placing his signature on the document on 23 October 1985 and again on 14 January 1986.

3.  A DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve on
25 October 1985, he was discharged from the USAR on 13 January 1986, and enlisted in the Regular Army on 14 January 1986 for a period of 4 years.  Item 2 (SSN) shows the entry "XX9-0X-XXXX."

4.  A DD Form 214 (Certificate of Release or Discharge from Active Duty), as corrected by a DD Form 215 (Correction of DD Form 214), dated 4 June 1986, shows the applicant entered active duty on 14 January 1986 and he was discharged on 24 March 1986 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-11, based on not meeting procurement medical fitness standards (no disability).

	a.  He completed 2 months and 11 days of net active service.

	b.  Item 3 (SSN) shows the entry "XX9-0X-XXXX."

5.  In support of his request, the applicant provides copies of the following documents:

   a.  State of California, Affidavit to Amend a Record, accepted on 2 January 1987, that corrected the applicant's surname;

   b.  State of California, Driver License, issued 26 January 2010, that, in pertinent part, shows the applicant's corrected surname; and 

	c.  his social security card that shows the SSN "XX0-9X-XXXX."

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It stated that the source documents for entering information on the DD Form 214 would be the Personnel Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, military personnel records jacket, or any other document authorized for filing in the official military personnel file.
	a.  Table 2-1 (DD Form 214 Preparation Instructions) contained item-by-item instructions for completing the DD Form 214.

	b.  Item 3 stated to verify accuracy with the SSN of record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the SSN that is recorded in his military service records should be corrected to show his SSN is "XX0-9X-XXXX."

2.  The evidence of record shows that upon entry in the U.S. Armed Forces the applicant reported his SSN was "XX9-0X-XXXX."  The evidence of record also shows that this SSN was accurately and consistently recorded in the applicant's official military service records, including on his DD Form 214, when he was discharged from the U.S. Army.

3.  The applicant now provides evidence that his SSN is "XX0-9X-XXXX."  

4.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, it is concluded that the evidence provided by the applicant relating to his SSN is insufficient to warrant a change to his military service records and separation document.

5.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.

   a.  The applicant's military service records clearly show that he reported his SSN was "XX9-0X-XXXX" and this is documented in his military service records.  

   b.  In view of the foregoing, there is no basis for granting the applicant's request to change the SSN in his military service records or his separation document because his military service records accurately reflect the conditions and circumstances that existed during the period of his military service. 

   c.  Therefore, the applicant is not entitled to correction of his records in this instance.




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)                                         AR20110001451



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ABCMR Record of Proceedings (cont)                                         AR20110001451



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