IN THE CASE OF:
BOARD DATE: 11 October 2011
DOCKET NUMBER: AR20110008296
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 " XXX-50-XXXX."
2. He states his DD Form 214 shows SSN "XXX-56-XXXX," but it is actually "XXX-50-XXXX."
3. The applicant provides a memorandum from the Social Security Administration (SSA), his social security card, and his DD Form 214.
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. He was inducted into the Army of the United States on 23 June 1971 for a period of 2 years. Item 17c (Remarks) of his DD Form 47 (Record of Induction) shows his SSN as "XXX-56-XXXX."
3. U.S. Army Recruiting Command Form 180-R (Acknowledgment of Service Obligation (6-Year Acknowledgment)), dated 23 June 1971, shows his SSN as "XXX-56-XXXX."
4. His DA Form 20 (Enlisted Qualification Record) shows his SSN as
"XXX-56-XXXX." He reviewed this form and authenticated it by placing his signature in the appropriate block on 29 June 1971 and again on 1 August 1972.
5. His records contain various personnel and medical documents including reassignment, award, and separation orders, dated 23 June 1971 and later, that show his SSN as "XXX-56-XXXX."
6. He was honorably released from active duty on 13 June 1973 by reason of early separation of overseas returnee and transferred to the U.S. Army Reserve to complete his Reserve obligation. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-56-XXXX." He authenticated this form with his signature.
7. He submitted a social security card that shows his SSN as "XXX-50-XXXX."
8. The applicant submitted a printout from the SSA, dated 31 March 2011, that shows his SSN is "XXX-50-XXXX."
9. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. The regulation then in effect provided that the Soldier's SSN would be entered in item 3 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. All of the documents in the applicant's official military personnel file (OMPF) show he used SSN "XXX-56-XXXX" when he was in the military.
2. Although the applicant now claims the SSN shown on his DD Form 214 is incorrect, he failed to provide an official explanation from the SSA or any other source that explains the reason for the issuance or use of two different SSN's.
3. 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.
4. The applicant is advised that a copy of this decisional document will be filed in his OMPF. This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military record and his current SSN.
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) AR20110008296
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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