BOARD DATE:	  10 November 2011

		DOCKET NUMBER:  AR20110010232 


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 "xxx-x8-xxxx" instead of "xxx-x7-xxxx."

2.  He states the clerk mistyped the number.

3.  He provides:

* his DD Form 214
* his 2010 Form 1040 (U.S. Individual Income Tax Return)

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 was inducted into the Army of the United States on 23 August 1966.  At the time of his entry on active duty, he was assigned and identified throughout his military service with an Army Service Number, which began with the prefix “US” to indicate he was an inductee.

3.  Item 1 (Name (Last, first, middle initial) and Service Number) of his DA Form 20 (Enlisted Qualification Record) shows his SSN as "xxx-x7-xxxx."

4.  His record contains, in part:

	a.  a DD Form 47 (Record of Induction), dated 23 August 1966, that shows his issued military service number.  There is no indication of an SSN on the form.

	b.  a DD Form 398 (Statement of Personal History), dated 22 August [1966], that shows in item 13 (Employment) the SSN entry of "xxx-x7-xxxx."

	c.  a DA Form 3027 (U.S. Army Request for National Agency Check), dated 26 August 1966, that shows item 4 (SSN) contains the entry "xxx-x8-xxxx."

	d.  a DA Form 20 (Enlisted Qualification Record), dated 29 August 1966, that shows in item 1 (Name and Service Number) his name and issued military service number.  It also shows his SSN as "xxx-x7-xxxx."

	e.  a DA Form 41 (Record of Emergency Data), signed by the applicant and last reviewed on 13 August 1968, that shows in item 9 (SSN) the entry
"xxx-x7-xxxx."

5.  He was honorably released from active duty on 16 August 1968 as an overseas returnee.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  The DD Form 214 he was issued at the time shows in Item 3 (SSN) the entry "xxx-x7-xxxx."

6.  He provided a copy of his Form 1040 for tax year 2010, wherein he listed his SSN as "xxx-x8-xxxx."

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The regulation established standardized policy for the preparation of the DD Form 214.  At the time of the applicant's separation, the instructions stated to verify the accuracy of the Soldier's SSN with the SSN of record.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was inducted into the Army of the United States with the SSN of "xxx-x7-xxxx."  There is only one document containing an SSN that shows the SSN the applicant claims is correct.  All other documents containing an SSN show the SSN the applicant claims is incorrect.  Other than the Form 1040 that he provided with his application, there is no evidence of record and the applicant did not provide any evidence from the Social Security Administration to validate his correct SSN.

2.  The evidence he submitted also is not sufficient to show that an error exists or is a basis for changing the SSN shown on his DD Form 214.

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 Army’s records at this late date.  

4.  The applicant is advised that a copy of this decisional document, which confirms his correct 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 correct SSN documented in his OMPF.

5.  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)                                         AR20110010232



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ABCMR Record of Proceedings (cont)                                         AR20110010232



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