IN THE CASE OF:
BOARD DATE: 1 December 2011
DOCKET NUMBER: AR20110010106
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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as "XXX-XX-XX60."
2. The applicant states the last two digits were transposed when his DD Form 214 was completed. His DD Form 214 reads "XXX-XX-XX06." His correct SSN is "XXX-XX-XX60."
3. The applicant provides a letter from the Social Security Administration (SSA), dated 6 April 2011, showing his SSN.
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 U.S. Army Reserve Delayed Entry Program (DEP) for 6 years on 6 May 1974. On 10 June 1974, he was discharged from the DEP and he enlisted in the Regular Army for 3 years on 11 June 1974.
3. The applicant's DD Form 4 (Enlistment Contract Armed Forces of the United States) shows his SSN as "XXX-XX-XX06." The applicant signed this form. All other documents in his official military personnel file (OMPF) show his SSN as "XXX-XX-XX06."
4. The applicant was discharged on 29 October 1980. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-XX06."
5. The applicant provides an SSN printout from the SSA showing he has been assigned SSN "XXX-XX-XX60" since October 1969.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. For item 3, the version of the regulation in effect at the time stated to verify the accuracy with the SSN of record.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant entered active service using SSN "XXX-XX-XX06." Throughout his military service he signed official documents containing this SSN which he now shows is incorrect. However, his record consistently shows only one SSN, the incorrect SSN "XXX-XX-XX06."
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. The applicant is advised that a copy of this decisional document will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the different SSN recorded in his military record and to satisfy his desire to have his correct SSN documented in his military record.
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) AR20110010106
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ABCMR Record of Proceedings (cont) AR20110010106
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