IN THE CASE OF:
BOARD DATE: 19 October 2011
DOCKET NUMBER: AR20110008400
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 the number "4" as the 5th digit of his social security number (SSN) instead of the number "7."
2. The applicant states his SSN is XXX-X4-XXX, but his military discharge form shows his SSN as XXX-X7-XXXX.
3. The applicant provides an SSN printout from the Social Security Administration (SSA), a letter from the SSA, and his social security card.
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 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. The applicant enlisted in the Regular Army on 30 November 1968. He completed training and was awarded military occupational specialty 16B (Hercules Missile Crewmember).
3. Item 1 (Service Number) of his DD Form 4 (Enlistment Contract Armed Forces of the United States) shows his military service number. His SSN does not appear on this form, nor does it appear on any allied enlistment document.
4. Item 1 (Name and Service Number) of his DA Form 20 (Enlisted Qualification Record) shows his SSN hand-written as "XXX-X7-XXXX."
5. His SSN appears on numerous documents throughout his military personnel records jacket (MPRJ). When used, his SSN is shown as "XXX-X7-XXXX." When required by the form, he authenticated these documents by placing his signature where necessary.
6. On 5 April 1971, he was discharged from the Army. Item 3 of his DD Form 214 shows his SSN as "XXX-X7-XXXX."
7. He provides a copy of his social security card; however, it is not dated so there is no way to determine if or when his SSN was changed.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflect the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows he consistently used SSN "XXX-X7-XXX" throughout his entire period of military service. He authenticated several documents by placing his signature in the appropriate blocks indicating this was his correct SSN. He did not use the requested SSN during his service.
2. For historical purposes, the Army has an interest in maintaining the accuracy 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. There is a reluctance to recommend that those records be changed. While it is understandable that the applicant desires to now record his proper SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
3. Lacking convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, were correct at the time and 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 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) AR20100016576
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