IN THE CASE OF:
BOARD DATE: 25 August 2011
DOCKET NUMBER: AR20110003922
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 his social security number (SSN) as "456-XX-XXXX" vice "108-XX-XXXX."
2. The applicant states his SSN has always been "456-XX-XXXX" and the SSN shown on his DD Form 214 belongs to a foreign person and could not possibly be his. The Social Security Administration (SSA) said his SSN was apparently mistyped when he enlisted.
3. The applicant provides:
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* social security card
* SSN verification from 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 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. The applicant's records show he was inducted into the Army of the United States (AUS) on 26 November 1963 and he held military occupational specialty 11C (Indirect Fire Infantryman).
3. The DD Form 398 (Statement of Personal History), dated 13 November 1963, completed in conjunction with his induction shows he listed his SSN as
"108-XX-XXXX." He authenticated this form by placing his signature in the appropriate block.
4. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN as "108-XX-XXXX."
5. His DA Form 24 (Service Record) also created upon his entry on active duty shows his SSN as "108-XX-XXXX."
6. His records contain various forms and orders that list only his Army service number and not his SSN.
7. He was honorably released from active duty on 29 November 1965 and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his remaining Reserve obligation. He completed 2 years and 4 days of creditable active service.
8. Item 32 (Remarks) of the DD Form 214 he was issued shows his SSN as "108-XX-XXXX."
9. A DD Form 215, dated 2 June 2010, corrected his DD Form 214 to show additional awards and his foreign service in Vietnam. Item 3 (SSN (Also Service Number, if Applicable)) of this form shows his SSN as "108-XX-XXXX."
10. He submitted a social security card that contains his name and the SSN
"456-XX-XXXX." He also submitted an SSN verification from SSA that shows SSN "456-XX-XXXX" is assigned to him.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant listed his SSN as "108-XX-XXXX" upon induction into the AUS. His DA Form 20 and DA Form 24 created when he entered active duty show his SSN as "108-XX-XXXX." Other documents filed in his record prior to his release from active duty contain only his Army service number and not his SSN.
2. 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. However, a copy of this Record of Proceedings will be filed in his Official Military Personnel File so a record of his currently-used SSN will be available.
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) AR20110003922
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