IN THE CASE OF:	  

		BOARD DATE:	  30 August 2011

		DOCKET NUMBER:  AR20110003240 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show the last two digits of his social security number (SSN) as "35" instead of "53."

2.  The applicant states his SSN is incorrectly listed on his DD Form 214.

3.  The applicant provides his DD Form 214 and a statement from the Social Security Administration (SSA).

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 28 December 1965.  His DD Form 4 (Enlistment Record) listed his Service Number; it did not list his SSN.

3.  His DD Form 398 (Statement of Personal History) which would have been completed upon enlistment or induction and would have shown the SSN he used at the time of his enlistment is not available for review with this case.  

4.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his full SSN as "xxx-xx-xx53."  He reviewed this form at a later date and authenticated it by placing his signature in the appropriate block.

5.  His records contain a DA Form 3027 (U.S. Army Request for National Agency Check), dated 1 February 1966, that listed his SSN with "35" as the last two digits.  

6.  His records also contain various personnel and medical documents, including a record of emergency data form as well as promotion, reassignment, award, and separation orders, wherein his SSN was listed with "53" as the last two digits.  He authenticated some of these documents by placing his signature in the appropriate blocks.

7.  He was honorably released from active duty on 17 December 1968 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.  Item 3 (SSN) of his DD Form 214 shows his SSN as "xxx-xx-xx53."  He authenticated this form with his signature.

8.  He submitted an SSA statement verifying that SSN "xxx-xx-xx35" is assigned to him.

9.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  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 Army service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his correct SSN.

2.  The applicant enlisted on 28 December 1965.  His enlistment record listed his service number; it did not list his SSN.  However, aside from the DA Form 3027 that listed his SSN with the numbers "35" in the last two digits, he consistently used the SSN with "53" as the last two digits.  He authenticated some documents, as needed, by placing his signature in the appropriate blocks, indicating this was his correct "SSN."  He does not appear to have used the SSN shown on his SSA statement during the time he served on active service.

3.  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 correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

4.  Therefore, absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, was correct at the time, and there is insufficient evidence to grant relief in this case. 

5.  Nevertheless, 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 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 the SSN he now uses 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)                                         AR20110003240



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ABCMR Record of Proceedings (cont)                                         AR20110003240



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