IN THE CASE OF:
BOARD DATE: 8 December 2011
DOCKET NUMBER: AR20110008650
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) with the number "9" instead of the number "8" as the third digit.
2. The applicant states the SSN shown on his DD Form 214 is incorrect.
3. The applicant provides:
* Department of Veterans Affairs (VA) Patient Inquiry Printout
* Verification letter from the Social Security Administration (SSA)
* VA medical card
* DD Form 214
* Signature verification 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 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. On 29 May 1973, the applicant completed a DD Form 398 (Statement of Personal History) and listed his "SSN" as "XX8-XX-XXXX." He authenticated this form by placing his signature in the appropriate block.
3. He enlisted in the Regular Army on 31 May 1973. Item 1 (Service Number/SSN) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows his SSN as "XX8-XX-XXXX." He authenticated this form by placing his signature in the appropriate block.
4. His DA Form 20 (Enlisted Qualification Record) that was created upon his entrance into the Army which shows the same SSN as that shown on his enlistment contract and statement of personal history. He reviewed this form and authenticated it by placing his signature in the appropriate block.
5. His records contain various personnel and medical documents, including promotion, reassignment, award, and separation orders; Armed Forces fingerprint card, VA Form 29-8286 (Servicemen's Group Life Insurance Election); and DA Form 41 (Record of Emergency Data) wherein his SSN is listed with the number "8" in the third digit. He authenticated several of these documents by placing his signature in the appropriate block.
6. He was honorably discharged from active duty on 17 September 1974. Item 3 (SSN) of his DD Form 214 shows his SSN as "XX8-XX-XXXX." He authenticated this form with his signature.
7. He submitted several VA-related documents that contain his name and SSN "XX9-XX-XXXX." He also submitted an SSA statement verifying that SSN
"XX9-XX-XXXX" is assigned to him.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows upon his enlistment in the Regular Army, the applicant listed his SSN with the number "8" as the third digit. He consistently used this SSN 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.
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 understandable the applicant desires to now record his correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this decisional document which confirms his current SSN will be filed in his official military personnel file (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have his current SSN documented in his OMPF.
4. Therefore, absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, was 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 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.
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