IN THE CASE OF:
BOARD DATE: 31 May 2011
DOCKET NUMBER: AR20110004767
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 item 3 (Social Security Number (SSN)) of his DD Form 214 (Report of Transfer or Discharge) to show "xxx-xx-xx9x" instead of "xxx-xx-xx4x."
2. The applicant states:
* His SSN is incorrect on his DD Form 214
* He believes the SSN was misread during his active duty service in the Army and has carried over all these years
3. The applicant provides:
* DD Form 214
* 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. His undated DD Form 398 (Statement of Personal History) shows the entry "xxx-xx-xx4x" in the SSN section. He was inducted into the Army of the United States on 18 January 1966. He served in Vietnam and was released from active duty on 26 November 1967 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.
3. Item 3 of his DD Form 214 shows his SSN as "xxx-xx-xx4x."
4. On 17 January 1972, he was honorably discharged from the USAR Control Group (Standby). The discharge orders list his SSN as "xxx-xx-xx4x.
5. The majority of his service personnel records contain a service number. However, his DA Form 41 (Record of Emergency Data), DA Form 20 (Enlisted Qualification Record), and USAAC Form 170 (Army Reserve Personnel Data Review) show his SSN as "xxx-xx-xx4x."
6. The applicant provided a copy of his Social Security card which shows his SSN as "xxx-xx-xx9x."
7. 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. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. He contends the SSN shown on his DD Form 214 is incorrect and should read "xxx-xx-xx9x." However, the evidence of record shows the SSN of "xxx-xx-xx4x" was used when he was inducted into the Army of the United States in 1966, upon his release from active duty in 1967, and when he was discharged from the USAR in 1972.
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. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided which confirm 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.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20110004767
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110004767
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