IN THE CASE OF:	  

		BOARD DATE:	  6 September 2011

		DOCKET NUMBER:  AR20110003100


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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as 5xx-9x-2xxx instead of 5xx-1x-6xxx.

2.  The applicant states the SSN of 5xx-1x-6xxx in his service record is incorrect.

3.  The applicant provides:

* his DD Form 214
* a Social Security Card with the number 5xx-9x-2xxx
* his Certificate of Birth issued by the City of New York

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 enlisted in the Regular Army on 12 August 1980 for a period of 3 years.  Every document in his service record shows he held the SSN of
5xx-1x-6xxx.  These documents include:

* a DD Form 4/1-4 (Enlistment/Reenlistment Document - Armed Forces of the United States), signed by the applicant, dated 18 January 1980
* a DD Form 2057 (Contributory Educational Assistance Program - Statement of Understanding), signed by the applicant, dated 18 January 1980
* Defense Investigative Service (DIS) Form 1 (Defense Investigative Service Standard System Document) for an Entrance National Agency Check (ENTNAC) for a individual with the same name as the applicant with an SSN of 5xx-1x-6xxx, dated 19 March 1980
* a DD Form 1966/1-8 (Record of Military Processing), signed by the applicant, dated 7 December 1980
* a DA Form 2496 (Disposition Form), subject:  Relief from BSEP I Course, dated 13 January 1981
* a DD Form 2496, subject:  Waiver of Enlistment Commitment, signed by the applicant, dated 15 January 1981
* a DD Form 1172 (Application for Uniformed Service Identification and Privilege Card), signed by the applicant, dated 4 January 1982
* a DA Form 428 (Application for Identification Card), signed by the applicant, dated 2 May 1983

3.  On 11 August 1983, the applicant was honorably released from active duty at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  The DD Form 214 he was issued at the time shows his SSN as 5xx-1x-6xxx.

4.  There is no evidence of record and the applicant did not provide any evidence that shows he raised the issue of an incorrect SSN at any time during his active service.

5.  The applicant provides an unsigned Social Security Card bearing the name W-----t J. O---z–M------z and an SSN of 5xx-9x-2xxx.



6.  The applicant provides a copy of his birth certificate that shows his date of birth, but no SSN.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The version of the regulation in effect at the time stated for item 3 (SSN) check records with the separatee's social security card when possible.  Otherwise, verify the accuracy of the SSN of record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his SSN in his records and on his
DD Form 214.

2.  The applicant's entire service record shows he served under the SSN of
5xx-1x-6xxx.

3.  The applicant provides an unsigned Social Security Card showing an SSN of 5xx-9x-2xxx and claims that is his real SSN.  This document is not accepted as a valid Social Security Card; the applicant did not provide documentation from the Social Security Administration validating the card or explaining why he apparently had multiple cards and/or numbers.

4.  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 claimed correct SSN in his military records, there is an insufficiently evidentiary basis or compelling reason for compromising the integrity of the Army’s records at this late date.

5.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which shows the SSN he claims to be correct, 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 claimed 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)                                         AR20110003100



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ABCMR Record of Proceedings (cont)                                         AR20110003100



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