IN THE CASE OF:
BOARD DATE: 22 September 2011
DOCKET NUMBER: AR20110006542
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)) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct SSN.
2. The applicant states, in effect, an error was made during the preparation of his DD Form 214. He states the first digit in the last four of his SSN should be 0 instead of 9.
3. The applicant provides:
* Social Security Card
* DD Form 214
* Standard Certificate of Birth
* A letter from the Community and Veterans Services
* A printout from the Social Security Administration
* A letter from the Board for Correction of Military Records Case Management Division
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 was inducted into the Army on 14 April 1965. The DD Form 398 (Statement of Personal History) he prepared on 12 April 1965 prior to his induction shows the first digit in the last four of his SSN as 9.
3. The applicant's DA Form 41 (Record of Emergency Data) which was prepared on 14 April 1965 shows the first digit in the last four of his SSN as 9.
4. He was honorably released from active duty and transferred to the U. S. Army Reserve (USAR) Control Group (Annual Training) on 3 April 1967. Item 3 on his DD Form 214 he received shows the first digit in his last four of his SSN as 9. He was discharged from the USAR on 13 April 1971. Letter Orders Number
03-1049491 discharging him from the USAR shows the first digit in his last four of his SSN as 9.
5. There are no documents contained in his official military record showing 0 as the first digit in the last four of his SSN.
6. The applicant submitted a statement from the Social Security Administration and a copy of his Social Security Card showing the first digit of the last four of his SSN as 0.
7. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. At the time of his induction he completed a DD Form 298 stating that the first digit in the last four of his SSN was 9. This SSN was used throughout his Army service and it was annotated on his DD Form 214.
3. He served in the Army using the SSN shown on his DD Form 214 and changing it in his official military record would not be appropriate.
4. While his desire to have all of his military records reflect the corrected SSN is understandable, there is no basis for compromising the integrity of the Army's records for his periods of service. 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.
5. In view of the foregoing, the applicant's request should be denied.
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) AR20110006542
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ABCMR Record of Proceedings (cont) AR20110006542
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