IN THE CASE OF:
BOARD DATE: 30 August 2011
DOCKET NUMBER: AR20110004338
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 (Certificate of Release or Discharge from Active Duty) to show his correct social security number (SSN) as XXX-44-XXXX.
2. The applicant states his SSN was misconstrued at the time of his entry into the service. The number shown during his service was not correct. He needs his records corrected to straighten out his social security account.
3. The applicant provides copies of his social security card; a Report of Confidential Social Security Benefit Information, dated 6 July 2010; and 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 his SSN as XXX-00-XXXX
* DD Form 4 (Enlistment Contract Armed Forces of the United States), dated 21 September 1971
* DA Form 20 (Enlisted Qualification Record)
* Servicemans Group Life Insurance Election, dated 10 April 1972
* Special Orders Number 186, Headquarters, Fort Sheridan, IL, dated
24 September 1974, directing his release from active duty
* DD Form 214, effective 24 September 1974
3. There are no documents in the available records showing his SSN as
XXX-44-XXXX.
4. The applicant has provided a copy of his social security card showing his SSN as XXX-44-XXXX.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his SSN as XXX-44-XXXX.
2. The evidence of record clearly shows the applicant served and was released using the SSN XXX-00-XXXX.
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) AR20100017326
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ABCMR Record of Proceedings (cont) AR20110004338
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