IN THE CASE OF:
BOARD DATE: 27 October 2011
DOCKET NUMBER: AR20110008238
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).
2. The applicant states, in effect, that he believes the SSN that is listed on his DD Form 214 is a clerical error. He believes the SSN listed on his DD Form 214 may be some sort of a tax identification number. His SSN was assigned to him after he got out of the Army.
3. The applicant provides his DD Form 214, a social security card, and birth certificate in support of his application.
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 military record was not provided to the Board for review. This case is being considered using a reconstructed record maintained at the National Personnel Records Center (NPRC), the applicants DD Form 214, and the supporting documents he provides with his application.
3. The applicants DD Form 214 shows he enlisted in the Regular Army on 15 February 1967. He apparently did not have a verified SSN at the time and was issued a temporary identification number (TIN). It further shows he held and served in military occupational specialty (MOS) 13B (Field Artillery) and attained the grade he held on the date of separation, specialist four/E-4, on 20 September 1968.
4. The DD Form 214 shows the applicant completed 3 years of active military service and was honorably released from active duty on 16 February 1970. Item 3 of the DD Form 214 lists a TIN.
5. The reconstructed NPRC file also contains Headquarters, Americal Division General Order Number 1769, dated 5 April 1968, which awarded the applicant the Bronze Star Medal with V (Valor) Device for heroism in action in the Republic of Vietnam on 20 February 1968. This order lists the same TIN in the standard name line.
6. The applicant provides a social security card containing the SSN he now claims is correct.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time of the applicant's separation stated the DA Form 20 and documents on file in the MPRJ were the primary sources for information for entries on the DD Form 214. The regulation provided no provisions for amending or correcting a DD form 214 to add information or events occurring subsequent to the period of service covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request that his DD Form 214 be corrected to reflect the SSN he was issued after he was released from the Army has been carefully considered. However, the available evidence shows the applicant served under a TIN.
2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed. Therefore, the TIN listed in the applicant's military records should not be changed at this time.
3. This Record of Proceedings will be filed in his military record in order to provide clarity and to deal with any confusion that may arise regarding the difference in the SSN under which he performed his military service and was separated vice the SSN he indicates he now uses. Filing the Board's decisional document will also guarantee the historical integrity of the applicant's military record.
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) AR20110008238
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110008238
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