IN THE CASE OF:
BOARD DATE: 25 October 2011
DOCKET NUMBER: AR20110009501
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as "xxx-5x-xxxx" instead of "xxx-4x-xxxx."
2. He states his SSN is "xxx-5x-xxxx" and that his discharge has "xxx-4x-xxxx."
He found the error when he was looking at his discharge papers.
3. He provides a copy of 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 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 U.S. Army Reserve (USAR) on 14 September 1961 for a period of 6 years. At the time of his enlistment he was assigned and identified with an Army Service Number which was used throughout his service. However, Item 37 (Remarks) of his DD Form 4 (Enlistment Record - Armed Forces of the United States Report of Transfer or Discharge) for this enlistment lists his SSN as "xxx-4x-xxxx."
3. On 11 February 1962, he was ordered to active duty for training. He completed training and on 10 August 1962 he was released from active duty and he was transferred to the XVI U.S. Army Corps to complete his Reserve obligation. Item 32 (Remarks) of the DD Form 214 he was issued at the time lists his SSN as "xxx-4x-xxxx."
4. His record contains:
* a DA Form 41 (Record of Emergency Data), dated 25 July 1966 that shows in Item 9 (SSN) the entry "xxx-5x-xxxx"
* a DA Form 20 (Enlisted Qualification Record), dated 25 October 1966, does not list his SSN
* other official documents that list his Army Service Number instead of an SSN
5. On 13 September 1967, he reenlisted in the USAR for a period of 3 years. Item 37 of his DD Form 4 for this reenlistment lists his SSN as "xxx-4x-xxxx." He was honorably discharged from the USAR on 12 September 1970 at the expiration of his term of service. Letter Orders Number 09-1052718, issued by the Office of the Adjutant General, U.S. Army Administration Center, St. Louis, MO, dated 2 September 1970, lists his SSN as "xxx-4x-xxxx."
6. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, 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 for Item 32, transcribe Social Security Account Number (SSAN) from the Soldier's service record in the following manner: "SSAN xxxx-xx-xxxx."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the USAR, entered on active duty for training, and transferred to a Reserve unit using the SSN of "xxx-4x-xxxx." The SSN listed on his Social Security card he submitted with his application is shown as "xxx-5x-xxxx."
2. The evidence of record also shows the SSN of "xxx-4x-xxxx" that is listed on his DD Forms 4, DD Form 214, and USAR discharge orders was recognized by the Army and the USAR during the periods he served and at the time of his final separation on 12 September 1970.
3. 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. 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 Armys records at this late date.
4. In view of the foregoing, there is no basis for granting his requested relief.
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) AR20110009501
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110009501
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