IN THE CASE OF:
BOARD DATE: 29 November 2011
DOCKET NUMBER: AR20110011859
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 records to show the last two digits of his social security number (SSN) as "62" vice "56."
2. The applicant states his SSN is wrong in his records. His mother signed him up in August 1975 using the wrong SSN.
3. The applicant provides his DD Form 214 (Report of Separation from Active Duty), social security card, driver's license, and DD Form 372 (Application for Verification of Birth for Official U.S. Armed Forces Use Only).
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. Having prior active service, the applicant's records show he enlisted in the Regular Army (RA) on 29 October 1980 and he held military occupational specialty 11C (Indirect Fire Infantryman).
3. His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the Unites States), dated 29 October 1980, lists the last two digits of his SSN as "56." He authenticated this form by placing his signature in the appropriate block.
4. His DA Form 2-1 (Personnel Qualification Record) which was created upon his entry on active duty shows the last two digits of his SSN as "56." He authenticated this document by placing his signature in the appropriate block.
5. His records contain numerous documents including a DA Form 1172 (Application for Uniformed Services Identification and Privilege Card), a Veterans Administration (VA) Form 29-8286 (Servicemen's Group Life Insurance Election), assignment orders, and various other orders that show the last two digits of his SSN as "56."
6. Orders 112-35, dated 16 June 1992, issued by Headquarters, 82nd Airborne Division, Fort Bragg, NC, reassigned him to the U.S. Army Fort Bragg Transition Point with a reporting date of 27 July 1992 and a discharge date of 3 August 1992. The last two digits of his SSN on these orders is listed as "56."
7. He was honorably discharged on 3 August 1992. Item 3 (SSN) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for this period of service shows the last two digits of his SSN as "56."
8. The applicant provides a DD Form 214, dated 7 August 1978, which shows he enlisted in the RA on 14 August 1975 and he was honorably released from active duty on 7 August 1978. Item 3 of his DD Form 214 for this period of service shows the last two digits of his SSN as "56."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant listed the last two digits of his SSN as "56" upon enlistment in the RA on 29 October 1980. This SSN is consistent with the SSN he used in various documents throughout his military service. He authenticated many documents by placing his signature in the appropriate place indicating his SSN was correct. This is the same SSN he used during his first period of military service. He did not use the SSN he now claims is correct during either period of his military service.
2. His contention that his mother signed him up using the wrong SSN is understood. However, 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. In view of the foregoing, there is an insufficient evidentiary 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 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) AR20110011859
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ABCMR Record of Proceedings (cont) AR20110011859
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