IN THE CASE OF:	  

		BOARD DATE:	  15 September 2011

		DOCKET NUMBER:  AR20110004488 


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 "255-XX-XXXX."

2.  The applicant states his DD Form 214 reflects an incorrect SSN beginning with the numbers "580" and his SSN begins with the numbers "255."

3.  The applicant provides copies of his social security card and 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 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 enlisted in the Regular Army in Atlanta, Georgia, on 9 October 1967 for a period of 3 years.  He did not have an SSN at the time of his enlistment; however, his initial enlistment orders indicate he had applied for one.

3.  He completed basic training at Fort Benning, Georgia, and advanced individual training at Fort Jackson, South Carolina.

4.  On 27 June 1968 while assigned to an engineer company in Germany, he completed a DD Form 398 (Statement of Personal History) and recorded his SSN beginning with "580."

5.  On 16 April 1969 while assigned to an engineer company in Vietnam, he completed a DD Form 398 and again indicated his SSN beginning with "580."

6.  On 8 October 1970, he was honorably released from active duty (REFRAD) at Fort McPherson, Georgia, due to the expiration of his term of service.  He completed 3 years of total active service.  His DD Form 214 issued at the time of his REFRAD shows his SSN beginning with "580."

7.  A review of his official records shows the applicant used an SSN beginning with "580" throughout his entire period of service.  All documents including those completed in his own handwriting contain the same "580" SSN.  There is no evidence of an SSN containing the first three digits of "255" anywhere in his records.

8.  The applicant provides a copy of his social security card showing his SSN beginning with "255."

9.  On 1 July 1969, the Army discontinued the issuance and use of the Army service number and began using the SSN for identification.  Prior to 1 July 1969, service members were not required to maintain an SSN in their records; however, they were usually recorded when provided by the individual Soldier.

10.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's SSN at the time of his REFRAD as "580."  There is no evidence of record or independent evidence that suggests his military records exhibit a material error or injustice.  The applicant has offered no explanation as to the difference in the SSN he used during the time he served in the military and the SSN he currently uses.

2.  For historical purposes, 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.  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 that the applicant desires to now record his current 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.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided which confirms his current 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 satisfy his desire to have his current 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 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)                                         AR20110004488



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ABCMR Record of Proceedings (cont)                                         AR20110004488



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