IN THE CASE OF:
BOARD DATE: 25 August 2011
DOCKET NUMBER: AR20110003865
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, in effect, correction of item 3 (Social Security Number (SSN)) of his DD Form 214 (Report of Separation from Active Duty) to show the first three digits are 540.
2. The applicant states this is a typographical error that requires correction.
3. The applicant provides copies of a print-out from the Social Security Administration and his social security card showing the first three digits are 540, and a certified copy of his DD Form 214.
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. A review of the following records in the applicant's Official Military Personnel File (OMPF) shows the first three digits of his SSN as 504:
* DA Form 2-1 (Personnel Qualification Record Part I)
* Special Orders Number 289, Headquarters, U.S. Army Personnel Center, Fort Dix, NJ, dated 16 October 1970, announcing his release from active duty
* DA Form 428 (Application for Identification Card) dated 10 March 1970
* Special Orders 209, Armed Forces Examining and Entrance Station, Portland, OR, dated 26 October 1970, announcing his enlistment in the Army and reassignment to Fort Lewis, WA
* DD Form 214, effective 16 October 1970
*
3. His DD Form 4 (Enlistment Record), dated 26 October 1967, shows his SSN as beginning with 502.
4. There are no documents in the available records showing the first three digits of his SSN as 540.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show the first three digits of his SSN are 540.
2. The evidence of record clearly shows the applicant served and was released with an SSN beginning with 504.
3. The Army has an interest in maintaining the integrity 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.
4. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, confirming his current SSN will be filed in his OMPF. This should serve to clarify any questions or confusion regarding his SSN and satisfy his desire to have his current SSN documented in his record.
5. In view of the above, the applicants request should be denied.
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) AR20110003865
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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