BOARD DATE: 10 November 2011
DOCKET NUMBER: AR20110009401
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 shown on his Social Security Card and printout from the Social Security Administration.
2. He states he has no idea where the SSN on his DD Form 214 came from but that he has never used that number. He states he did not pay attention to the number on his DD Form 214 at the time of his discharge. He states he has been using the SSN on the SSN card he provided when using the Department of Veterans Affairs (VA) facility.
3. He provides:
* his DD Form 214
* a self-authored statement
* a copy of is Social Security Card
* a printout from the Social Security Administration, dated 11 April 2011
* his Social Security Statement, dated 15 January 2010
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 enlisted in the Regular Army on 25 August 1965. He completed training and he was awarded military occupational specialty 11B (light weapons infantryman). The highest rank/grade he held was specialist four (SP4)/E-4.
3. His DD Form 4 (Enlistment Contract - Armed Forces of the United States) does not contain an SSN, given that at the time of his enlistment the Army used assigned military service numbers for identification in lieu of the SSN.
4. His record contains:
a. a DA Form 20 (Enlisted Qualification Record), dated 31 August 1965 and last audited on 12 November 1968, that shows his SSN as the same number on his DD Form 214.
b. Special Orders Number 21, issued by Headquarters, Americal Division, dated 21 January 1968, awarding him the CIB. These orders show his SSN as the same number on his DD Form 214.
c. Special Orders Number 229, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, dated 16 August 1968, releasing him from active duty. These orders show his SSN as the same number on his
DD Form 214.
5. He was honorably released from active duty on 16 August 1968 as an overseas returnee. He completed 2 years, 11 months, and 22 days of total active service. His DD Form 214 shows the same SSN as shown on the preceding official documents.
DISCUSSION AND CONCLUSIONS:
1. The applicant provides a Social Security Card, Social Security Administration printout, and his Social Security Statement showing a different SSN than that
shown in his military record. However, his record does not contain any documents with the SSN he claims is correct.
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 the applicant desires to now record the SSN he provided in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document 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 correct SSN documented in his OMPF.
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) AR20110009401
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ABCMR Record of Proceedings (cont) AR20110009401
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