IN THE CASE OF:
BOARD DATE: 30 August 2011
DOCKET NUMBER: AR20110003622
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 item 3 (Social Security Number (SSN)) of his DD Form 214 (Report of Separation from Active Duty) to show "4xx-9x-4xxx" instead of "4xx-0x-7xxx."
2. The applicant states:
* He was issued the old SSN at birth
* Some years after his military service he lost his SS card and he received a replacement card and he used it for approximately 3 years until his father noticed the SSN was his
* He went to the Social Security Administration and he was told a mistake had been made and he was issued a completely new SSN
* His wages earned in the military were put on his new SSN
* All of his financial credits for work history were transferred to his new SSN
3. The applicant provides:
* DD Form 214
* Social Security Administration, Retirement, Survivors and Disability Insurance Notice of Award, dated 13 July 2010
* Certificate of Birth
* Colorado Driver License
* 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. His DD Form 398 (Statement of Personal History), dated 21 January 1975, shows the entry "9xx-0x-7xxx" in the SSN section. His enlistment contract shows SSN "4xx-0x-7xxx." He enlisted in the Regular Army (RA) on 29 January 1975 for a period of 3 years. He completed his training and was awarded military occupational specialty 11B (light weapons infantryman). He was discharged under other than honorable conditions on 17 November 1977.
3. Item 3 of his DD Form 214 shows his SSN as "4xx-0x-7xxx."
4. His service personnel records show SSN "4xx-0x-7xxx."
5. The applicant provided a copy of his Social Security card and Social Security Administration Retirement, Survivors and Disability Insurance Notice of Award which shows his SSN as "4xx-9x-4xxx."
6. Army Regulation 635-5 (Separation Documents) 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. In pertinent part it states that 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. He contends the SSN shown on his DD Form 214 is incorrect and should read "4xx-9x-4xxx." However, the evidence of record shows the SSN of "4xx-0x-7xxx" was used when he enlisted in the RA in 1975 and when he was discharged in 1977.
2. For historical purposes, the Army has an interest in maintaining the integrity 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. Therefore, there is an insufficient basis for amending his SSN on his DD Form 214.
3. This Board action will be filed in the applicants official military records so that a record of his currently-used SSN will be on hand.
4. In view of the foregoing, there is no basis for granting the applicant's 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) AR20110003622
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ABCMR Record of Proceedings (cont) AR20110003622
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