IN THE CASE OF:	  

		BOARD DATE:	  22 November 2011

		DOCKET NUMBER:  AR20110011641 


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 the social security number (SSN) that is recorded in his military service records.

2.  The applicant states the last digit of the SSN recorded in his military records is incorrect and should be changed from "XXX-XX-XXX9," to "XXX-XX-XXX3."
	
3.  The applicant provides a copy of his social security card, a SSN printout, and his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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.  A DD Form 1966 (Application for Enlistment - Armed Forces of the United States), completed by the applicant for his entrance in the U.S. Armed Forces, shows in the SSN block the entry "XXX-XX-XXX9."  The applicant certified the accuracy of the information on the form by placing his signature on the document on 25 April 1979.

3.  A DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve (USAR) on
22 May 1979, he was discharged from the USAR on 4 June 1979, and enlisted in the Regular Army (RA) on 5 June 1979.  Item 2 (SSN) shows:  "XXX-XX-XXX9."

4.  On 6 October 1980, the applicant submitted a State of Oklahoma, District Court of Cleveland County, Journal Entry of Judgment and Order for Change of Name, requesting an official name change (of his family name) in his military service records.  The request was approved on 10 October 1980.

5.  The applicant's DA Form 2 (Personnel Qualification Record) shows in:

* item 1 (Name):  the applicant's approved  official name change
* item 2 (SSN):  "XXX-XX-XXX9"

6.  A DD Form 214 shows the applicant entered active duty on 5 June 1979, he was honorably released from active duty (REFRAD) on 27 May 1983, and transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation.

	a.  He completed 3 years, 11 months, and 23 days of net active service.

	b.  Item 3 (SSN) shows the entry "XXX-XX-XXX9."

7.  USAR Personnel Center, St. Louis, Missouri, Orders D-07-043697, dated
11 July 1985, honorably discharged the applicant from the USAR, effective
10 July 1985.  His SSN is shown as "XXX-XX-XXX9."

8.  In support of his application the applicant provides the following documents:

	a.  His Social Security Card that shows his SSN is "XXX-XX-XXX3."

	b.  A Social Security Administration, SSN Printout, dated 26 May 2011, that shows SSN "XXX-XX-XXX3" is assigned to the applicant.


9.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or REFRAD service or control of the Active Army.  It stated that the source documents for entering information on the DD Form 214 would be the Personnel Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, military personnel records jacket, or any other document authorized for filing in the Official Military Personnel File.

	a.  Table 2-1 (DD Form 214 Preparation Instructions) contained item-by-item instructions for completing the DD Form 214.

	b.  Item 3 stated to verify accuracy with the SSN of record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the SSN that is recorded in his military service records should be corrected to show his SSN is "XXX-XX-XXX3."

2.  The evidence of record shows that upon entry in the U.S. Armed Forces the applicant reported his SSN was "XXX-XX-XXX9."  The evidence of record also shows that this SSN was accurately and consistently recorded in the applicant's official military service records, including on his DD Form 214, when he was REFRAD.

3.  The applicant now provides evidence that his SSN is "XXX-XX-XXX3."  

4.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, it is concluded that the evidence provided by the applicant relating to his SSN is insufficient to warrant a change to his military service records and separation document.

5.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.

   a.  The applicant's military service records clearly show that he reported his SSN was "XXX-XX-XXX9" and this is documented in his military service records.  


   b.  In view of the foregoing, there is no basis for granting the applicant's request to change the SSN in his military service records or his separation document because his military service records accurately reflect the conditions and circumstances that existed during the period of his military service. 

   c.  Therefore, the applicant is not entitled to correction of his records in this instance.

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)                                         AR20110011641



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ABCMR Record of Proceedings (cont)                                         AR20110011641



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