IN THE CASE OF:
BOARD DATE: 10 January 2012
DOCKET NUMBER: AR20110011525
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 "X60-42-XXXX."
2. The applicant states, in effect, when he entered the Army he gave them the wrong SSN by mistake. He provided the right numbers, but he had the numbers in the wrong order.
3. The applicant provides:
* a letter and printout from the Social Security Administration (SSA), both dated 15 April 2008
* DD Form 214, dated 19 March 1973
* 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 was inducted into the Army of the United States on 4 March 1969. Special Orders Number 43 (Induction Orders) show his SSN as
"X42-60-XXXX."
3. He was discharged for the convenience of the government on 21 January 1970. The DD Form 214 he received shows his SSN as "X42-60-XXXX."
4. He enlisted in the Regular Army on 22 January 1970. The same SSN that is shown on his first DD Form 214 is shown on every document contained in his Official Military Personnel File (OMPF) requiring the use of his SSN to include his DD Form 1584 (National Agency Check Request), which was favorably completed on 1 April 1969.
5. He was released from active duty on 19 March 1973. The DD Form 214 he received shows the same SSN as all other documents contained in his OMPF.
6. The applicant submits copies of a letter, printout, and Social Security Card from the SSA showing his SSN as X60-42-XXXX.
7. Army Regulation 635-5 (Separation Documents) 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 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and his supporting evidence has been considered.
2. However, he entered the Army using "X42-60-XXXX" as his SSN and the same number is shown on every document contained in his OMPF requiring the use of his SSN.
3. For historical purposes, the Army has an interest in maintaining the integrity 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. The preponderance of evidence indicates the SSN shown on the applicant's DD Form 214 reflects the SSN that he used when he served.
Although he has provided an explanation as to how such an error could have occurred, there is a reluctance to change his official records. However, this decisional document will be included in his OMPF for future reference.
4. In view of the foregoing, his request should be denied.
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) AR20110011525
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110011525
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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