BOARD DATE: 11 October 2011
DOCKET NUMBER: AR20110011076
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 item 3 (Social Security Number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states his DD Form 214 shows an invalid SSN.
3. The applicant provides a Social Security Administration (SSA) SSN printout in support of his application.
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's record shows he was inducted into the Army of the United States on 18 August 1969. Item 2 (Service Number) of the DD Form 47 (Induction Record) prepared at the time of his induction contains a typewritten temporary identification number (TIN). However, this typed entry is lined out and replaced with an SSN containing the number 5 as the second digit.
3. The applicant's record contains a DD Form 398 (Statement of Personal History), dated 14 August 1969, he completed during his induction processing. This document lists his SSN containing the number 5 as the second digit in item 13 (Employment).
4. The applicant's DA Form 20 (Enlisted Qualification Record) which was prepared upon entry on active duty lists his TIN in item 1 (Name and Service Number).
5. The orders and documents in the applicant's military personnel records jacket (MPRJ) that contain an SSN list it containing the number 5 as the second digit. These documents include a DD Form 1343 (Notification of Change in Service Member's Official Records) which amended his military service record by changing the TIN assigned at induction to the SSN containing the number 5 as the second digit.
6. On 25 March 1971, Headquarters, U.S. Army Personnel Center, Fort Lewis, Washington, Special Orders Number 84 directed the applicant's release from active duty on 26 March 1971 and list his SSN containing the number 5 as the second digit in the standard name line.
7. On 26 March 1971, the applicant was honorably released from active duty in the rank/pay grade of specialist four/E-4 after completing 1 year, 7 months, and 9 days of active military service. The DD Form 214 he was issued at the time contains the SSN bearing the number 5 as the second digit in item 3.
8. The applicant provides an SSN printout from the SSA that shows his SSN containing the number 6 as the second digit.
9. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time of the applicant's separation stated the DA Form 20 and documents on file in the MPRJ were the primary sources for information for entries on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request that his DD Form 214 be corrected to reflect the SSN documented by the SSA has been carefully considered. However, it is clear the applicant's active duty service was performed under the SSN recorded in his military records that he now claims was in error.
2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed. Therefore, the SSN listed in the applicant's military records should not be changed at this time.
3. This Record of Proceedings will be filed in his military record in order to provide clarity and to deal with any confusion that may arise regarding the difference in the SSN under which he performed his military service and was separated vice the SSN he indicates he now uses. Filing the Board's decisional document will also guarantee the historical integrity of the applicant's 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) AR20110011076
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110011076
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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