IN THE CASE OF:
BOARD DATE: 15 September 2011
DOCKET NUMBER: AR20110004949
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 "238-xx-xxxx" instead of "258-xx-xxxx."
2. The applicant states the SSN listed on his DD Form 214 is invalid.
3. The applicant provides his DD Form 214 and a copy of 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 records show he enlisted in the Regular Army on 13 May 1964. His DD Form 4 (Enlistment Record - Armed Forces of the United States) listed his Service Number; it did not list his SSN.
3. In connection with his enlistment, he completed a DD Form 398 (Statement of Personal History) on 17 May 1964. He listed his SSN as "230-xx-xxxx." He authenticated this form by placing his signature in the appropriate block.
4. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his Service Number; it did not list his SSN.
5. On 16 July 1966, he completed a DA Form 41 (Record of Emergency Data) and listed his SSN as "258-xx-xxxx." He authenticated this form by placing his signature in the appropriate block.
6. He was honorably released from active duty on 2 May 1967 and he was transferred to the U.S. Army Reserve. Item 3 (SSN) of his DD Form 214 listed his SSN as "258-xx-xxxx." He authenticated this form by placing his signature in the appropriate block.
7. The applicant submitted a copy of a social security card that contains a name similar to his and the SSN "238-xx-xxxx."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows, in connection with his enlistment, the applicant completed a DD Form 398 wherein he listed his SSN with the numbers "3" and "0" in the second and third digits. He later completed a DA Form 41 that listed his SSN with the numbers "5" and "8" in the second and third digits. While it is unclear why he used two different SSNs, he did not use the requested SSN of "238-xx-xxxx" (the numbers "3" and "8" in the second and third digits) 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 a different SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys 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
________ ________ ________ 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.
_______ _ _______ ___
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) AR20110004949
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ABCMR Record of Proceedings (cont) AR20110004949
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