BOARD DATE:	  20 October 2011

		DOCKET NUMBER:  AR20110009978 


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 records to show his social security number (SSN) with the first three digits as "440" vice "448."

2.  The applicant states his SSN is wrong in his records.

3.  The applicant provides his social security card with the first three digits as "440."

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.  The applicant enlisted in the Regular Army (RA) on 19 July 1978 for a period of 3 years.  He was honorably released from active duty on 14 July 1981.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his SSN with the first three digits as "448."

3.  The applicant enlisted in the RA on 8 May 1984.  He held military occupational specialty 62J (General Construction Machine Operator).

4.  His DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the Unites States), dated 8 May 1984, listed his SSN with the first three digits as "448."  He authenticated this form by placing his signature in the appropriate block.

5.  His DA Form 2-1 (Personnel Qualification Record) which was created upon his entry on active duty shows "448" as the first three digits of his SSN.  He authenticated this document by placing his signature in the appropriate block on 10 May 1984.  This form also shows he last reviewed the contents of this form on 13 July 1987.

6.  A DA Form 873 (Certificate of Clearance and/or Security Determination), dated 3 November 1987, shows his SSN with the first three digits as "448."

7.  His records contain numerous personnel, finance, medical, and legal documents including a DA Form 1172 (Application for Uniformed Services Identification and Privilege Card), a Veterans Administration (VA) Form 29-8286 (Servicemen's Group Life Insurance Election), assignment orders, and various other orders that show his SSN with the first three digits as "448."

8.  Orders 189-4, issued by the 178th Personnel Service Company, Germany, dated 28 August 1989, reassigned him to the U.S. Army Transition Point, Fort Jackson, SC, with a reporting date of 18 September 1989 and a date of discharge from the RA as 30 September 1989.  His SSN on these orders is listed with the first three digits as "448."

9.  His records do not contain a DD Form 214 for the period of service ending on 30 September 1989.

DISCUSSION AND CONCLUSIONS:

1.  Records show that upon his enlistment in the RA on 8 May 1984, the applicant listed his SSN with the first three digits as "448."  This SSN is 
consistent with the SSN he used on various documents throughout his military service.  He authenticated many documents by placing his signature in the appropriate place indicating his SSN was correct.  This is the same SSN he used during his first period of military service.  He did not use the SSN that he now claims during either period of his military 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.  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.  In view of the foregoing, there is an insufficient evidentiary 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)                                         AR20110009978



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ABCMR Record of Proceedings (cont)                                         AR20110009978



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