IN THE CASE OF:
BOARD DATE: 19 October 2011
DOCKET NUMBER: AR20110008300
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 the social security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states his correct SSN is "XXX-XX-8XXX." A service officer discovered the error when he was applying for benefits.
3. He provides:
* DD Form 214
* Social Security Card
* Letters from the Social Security Administration and Army Board for Correction of Military Records (ABCMR)
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 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 applicants military records show he enlisted in the Regular Army on 5 December 1966, with prior enlisted service in the Army National Guard. His SSN is not listed on his DD Form 4 (Enlistment Record Armed Forces of the United States). At the time he enlisted he was assigned and identified by a service number which began with the prefix RA for Regular Army.
3. His record contains a DA Form 41 (Record of Emergency Data), dated 5 January 1968, which shows his SSN as XXX-XX-3XXX. A DD Form 398 (Statement of Personal History) shows his SSN as XXX-XX-3XXX. Both forms were signed by the applicant certifying the entries were true, complete, and correct.
4. Item 1 (Name (Last, first, middle initial) and Service Number) of his DA Form 20 (Enlisted Qualification Record) lists his SSN as XXX-XX-3XXX.
5. On 14 June 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). Item 3 (SSN) of his DD Form 214 lists his SSN as XXX-XX-3XXX.
6. He was honorably discharged from the USAR on 15 October 1970. The discharge orders list his SSN as XXX-XX-3XXX.
7. On 6 March 1978, he submitted a Request for Information memorandum for the purpose of qualifying for enlistment in the USAR. He listed his SSN as
XXX-XX-8XXX.
8. In a letter, dated 5 April 2011, the Social Security Administration verified the applicant is assigned SSN XXX-XX-8XXX.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows at the time of the applicant's enlistment, at the time of release from active duty, and during the time that he served in the USAR he used the SSN that is listed on his DD Form 214. This SSN is different from the SSN listed on his Social Security Card and the SSN listed on the correspondence from the Social Security Administration that was submitted with his application.
2. The evidence of record confirms the SSN shown on all documents contained in his official military personnel file (OMPF) was recognized by the Army and he used this SSN until he was separated in 1968 and during his period of service in the USAR.
3. While his desire to have the records changed is understandable, there is no basis for compromising the integrity of the Army's records. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data 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, no basis has been established to support the change requested.
4. A copy of this decisional document will be filed in his OMPF. This should serve to clarify any questions or confusion regarding the different SSNs.
5. In view of the foregoing, there is no basis for granting his request.
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) AR20110008300
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ABCMR Record of Proceedings (cont) AR20110008300
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