IN THE CASE OF:
BOARD DATE: 22 September 2011
DOCKET NUMBER: AR20110005913
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 XX3-XX-XXXX instead of XX0-XX-XXXX.
2. The applicant states his SSN is incorrect on his DD Form 214.
3. The applicant provides his DD Form 214, a photocopy of his social security card, and a Social Security Administration SSN printout.
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. His military personnel records show he enlisted in the Regular Army on 8 December 1965. He completed training and was awarded the military occupational specialty of chemical staff specialist. The highest rank/grade he attained was specialist five/E-5.
3. He was released from active duty on 7 December 1968 and was transferred to the U.S. Army Reserve Control Group (Annual Training). He completed a total of 3 years of active service.
4. His DD Form 4 (Enlistment Contract Armed Forces of the United States) did not contain an SSN given that the Army used service numbers in lieu of an SSN at the time of his enlistment.
5. His DD Form 214; DA Form 20 (Enlisted Qualification Record); U.S. Army Reserve Components Personnel and Administration Center Letter Orders Number 11-1285453, dated 24 November 1971; and at least three other documents in his military personnel records show his SSN as XX0-XX-XXXX.
6. The social security card and Social Security Administration SSN printout he provided shows his SSN as XX3-XX-XXXX.
7. Army Regulation 635-5 (Separation Documents) provides 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 service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant provides a copy of a social security card and recent Social Security Administration SSN printout showing his SSN as XX3-XX-XXXX. However, the approximately six times when an SSN was used in his military service records, it was recorded as XX0-XX-XXXX.
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. There is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record the SSN he provided 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 will be filed in his official military personnel file (OMPF). This should serve to clarify any questions or confusion in regard to the different SSN recorded in his military record and to satisfy his desire to have the SSN he claims is correct 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) AR20110005913
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ABCMR Record of Proceedings (cont) AR20110005913
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