IN THE CASE OF:
BOARD DATE: 13 September 2011
DOCKET NUMBER: AR20110005272
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 correct social security number (SSN).
2. The applicant states his DD Form 214 should show his SSN as XXX-XX-0XXX instead of XXX-XX-8XXX.
3. The applicant provides a DD Form 214 and a copy of 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. The applicant enlisted in the Regular Army on 30 January 1970. His DD Form 4 (Enlistment Contract) does not show his SSN.
3. His Official Military Personnel File (OMPF) contains the following documents that show the SSN he now claims is incorrect.
* DD Form 398 (Statement of Personal History)
* DD Form 369 (Police Record Check)
* DA Form 20 (Enlisted Qualification Record)
* DA Form 428 (Application for Identification Card)
* DA Form 2627-1 (Record of Proceedings Under Article 15, UCMJ)
* DD Form 1584 (National Agency Check Request)
* reassignment and relieve from active duty orders.
4. He was relieved from active duty on 26 February 1973. His DD Form 214 shows the SSN he now claims is incorrect.
5. There is no evidence in his OMPF showing he ever served under the SSN and he now claims is correct.
6. He provided a copy of his social security card which shows the SSN he now claims is correct.
7. Army Regulation 635-5 (Separations 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. It states 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. The applicant's contention that his DD Form 214 should be corrected to show his correct SSN has been carefully considered.
2. The evidence of record shows he served under the SSN " XXX-XX-8XXX" throughout his entire military career. 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 his desire to now record his correct SSN in his military records is understandable, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
3. The applicant is advised that a copy of this decisional document along with his application will be filed in his 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) AR20110005272
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ABCMR Record of Proceedings (cont) AR20110005272
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