BOARD DATE:	  25 August 2011

		DOCKET NUMBER:  AR20110004125 


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 (Report of Separation from Active Duty) to show his social security number (SSN) with the first three digits as "382" vice "396."

2.  The applicant states the SSN on his DD Form 214 is incorrect; the clerk made a typing error.

3.  The applicant provides his DD Form 214 and a 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's military records are not available to the Board for review.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army on 29 June 1974 and he held military occupational specialty 11B (Light Weapons Infantryman).

4.  On 7 August 1975, he received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for disobeying a lawful order.  The DA Form 2627 (Record of Proceedings Under Article 15, UCMJ) shows his SSN with the first three digits as "396."  He authenticated this form by placing his signature in the appropriate block. 

5.  On 8 August 1975, he submitted a request for appeal of the Article 15.  On this request he listed his SSN with the first three digits as "396."  He authenticated this form by placing his signature in the appropriate block. 

6.  On 21 August 1975, he received NJP under the provisions of Article 15, UCMJ, for disobeying a lawful order.  The DA Form 2627 (Record of Proceedings Under Article 15, UCMJ) shows his SSN with the first three digits as "396."  He authenticated this form by placing his signature in the appropriate block. 

7.  Orders Number 110-1, dated 13 December 1976, issued by the U.S. Army Retraining Brigade, Fort Riley, KS, relieved him from active duty effective 15 December 1976.  His SSN is shown with the first three digits as "396."  

8.  A DD Form 1407 (Dependent Medical Care and DD Form 1173 Statement), dated 13 December 1976, shows his SSN with the first three digits as "396."  He authenticated this form by placing his signature in the appropriate block.

9.  His reconstructed records contain various forms that list his SSN with the first three digits as "396."  

10.  He was honorably released from active duty on 15 December 1976 and transferred to the U.S. Army Reserve Control Group for completion of his remaining Reserve obligation.  He completed 1 year, 9 months, and 23 days of creditable active service.  Item 3 (SSN) of his DD Form 214 shows hiss SSN with the first three digits as "396."  He authenticated this form by placing his signature in the appropriate block.

11.  He submitted a copy of his social security card that lists an individual with the same full name and the SSN of "382-xx-xxxx."
12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service records are not available for review with this case.  However, his reconstructed records contain a duty-constituted DD Form 214 and other forms that contain "396" as the first three digits of his SSN.  Although he submitted a social security card that contains "382" as the first three digits of his SSN, it does not appear that he used this number during his military service.   

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.

3.  In view of the foregoing, there is insufficient evidence to grant him relief in this case. 

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)                                         AR20110004125





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ABCMR Record of Proceedings (cont)                                         AR20110004125



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