BOARD DATE: 9 August 2011
DOCKET NUMBER: AR20110003101
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 sixth and seventh digits of his social security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) from "37" to "73."
2. The applicant states the sixth and seventh digits of his SSN are incorrectly shown as "37" whereas they should be "73."
3. The applicant provides a 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 enlisted in the Regular Army on 2 May 1966 under the name "G____ E____ C____." He served on active duty for 3 years and was honorably released from active duty on 1 May 1969.
3. The applicant is shown to have attended Delaware Valley College, Pennsylvania, prior to his entrance on active duty. The social security card is shown to have been issued to a "G____ E. C____" with an address at Delaware Valley College.
4. Although the applicant served primarily under his Army service number, all of the documents in his official record that contain an SSN, including his DD Form 214, utilize the "37" SSN.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents to be furnished to each individual separated from the Army and establishes standardized procedures for the preparation and distribution of these documents. The purpose of a separation document is to provide the individual with documentary evidence of his/her military service. It is a vital record for interested government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled. Therefore, it is important that information entered is complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. 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.
2. While it is understandable the applicant desires to now record his correct SSN, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. However, this Record of Proceedings will be filed in the applicant's official military personnel file so a record of his SSN will be on hand.
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 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) AR20110003101
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