IN THE CASE OF:
BOARD DATE: 20 September 2011
DOCKET NUMBER: AR20110004437
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 records to show his social security number (SSN) as "xxx-xx-xx51" instead of "xxx-xx-xx45."
2. The applicant states:
* His SSN is "xxx-xx-xx51"
* His brother's SSN is "xxx-xx-xx45"
3. The applicant provides his 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. During his enlistment processing, he completed a DD Form 398 (Statement of Personal History), dated 16 September 1966, wherein he entered in the SSN block of item 13 (Employment) the entry "xxx-xx-xx51." He signed this document on 16 September 1966 certifying that the entries me made were true and complete to the best of his knowledge and belief and made in good faith.
3. On 29 September 1966, he enlisted in the Regular Army for a period of
3 years. He completed training and he was awarded military occupational specialty 71H (personnel specialist). At the time of his initial enlistment service numbers were used in lieu of SSN's. On 26 July 1969 he was honorably discharged for the purpose of immediate reenlistment. Item 3 (SSN) contains the entry "xxx-xx-xx45."
4. The applicant's record contains a DD Form 4 (Enlistment Contract - Armed Forces of the United States) that shows he reenlisted on 27 July 1969 for a period of 4 years. Item 1 (Service Number) shows his SSN as "xxx-xx-xx45."
5. All documents in the applicant's available personnel and medical records reflect an SSN of "xxx-xx-xx45."
6. On 8 May 1971, he was administratively discharged. He completed 4 years,
7 months, and 10 days of total active service. Item 3 of the DD Form 214 for this period of service contains the entry "xxx-xx-xx45."
7. The applicant provided a copy of his Social Security card which shows his SSN as "xxx-xx-xx51."
8. 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. This regulation establishes standardized policy for the preparation of the DD Form 214. At the time of the applicant's separation, the instructions stated to verify the accuracy of the Soldier's SSN with the social security number of record.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicants completed a DD Form 398 using the SSN of "xxx-xx-xx51" at the time of his initial enlistment processing in September 1966. He also provides a Social Security card bearing a same name with the SSN of "xxx-xx-xx51."
2. He subsequently reenlisted on 27 July 1969 using the SSN of "xxx-xx-xx45" which was consistently used by him until he was discharged on 8 Mary 1971. Based on the preponderance of evidence showing he used the SSN of
"xxx-xx-xx45" throughout his service, there is an insufficient evidentiary basis for granting his requested relief.
3. 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 Armys records at this late date.
4. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct SSN, will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have his correct SSN
documented in his OMPF.
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) AR20110004437
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ABCMR Record of Proceedings (cont) AR20110004437
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