BOARD DATE: 20 October 2011
DOCKET NUMBER: AR20110008078
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 "46X-XX-76XX" vice "05X-XX-04XX."
2. The applicant states, in effect, his SSN is wrong on his DD Form 214.
3. The applicant provides his DD Form 214, a printout, and a letter.
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's records show he enlisted in the Regular Army (RA) on 20 June 1969 and he held military occupational specialty 12B (Combat Engineer).
3. His records contain various forms and orders from his first 2 years of service that list only his Army service number and not his SSN.
4. A DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), dated 7 May 1971, shows his SSN as "05X-XX-04XX." He authenticated this form by placing his signature in the appropriate block.
5. His records contain numerous personnel, finance, medical, and legal documents including a DA Form 268 (Suspension of Favorable Personnel Actions), dated 2 June 1971; DD Form 458 (Charge Sheet), dated 2 March 1972; assignment orders, and various other orders that show his SSN as
"05X-XX-04XX."
6. Special Orders Number 97, dated 21 April 1972, issued by Headquarters, III Corps and Fort Hood, discharged him from the Army, effective 25 April 1972.
7. Item 3 (SSN) of the DD Form 214 shows SSN "05X-XX-04XX." He authenticated this form by placing his signature in the appropriate block. He completed 2 years, 1 month, and 7 days of creditable active service.
8. The applicant provides a printout that states an individual with the same full name as the applicant was issued SSN "46X-XX-76XX."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant's SSN was listed as
"05X-XX-04XX" on various documents during his period of military service. This SSN is consistent with the SSN he used on various documents. He authenticated many documents by placing his signature in the appropriate place indicating his SSN was correct. He did not use the SSN that he now claims during his period of military service.
2. 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. While it is understood that the applicant desires to have his current 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
__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) AR20110008078
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