IN THE CASE OF:
BOARD DATE: 8 December 2011
DOCKET NUMBER: AR20110012303
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 that his records be corrected to show the last two digits of his Social Security Number (SSN) are 84 instead of 48 as currently reflected.
2. The applicant states his records incorrectly reflect the last two digits of his SSN are 48 instead of 84.
3. The applicant provides a copy of his Social Security Card and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 enlisted in the Regular Army in Newark, New Jersey on 13 September 1967 for a period of 3 years. At the time of enlistment his SSN was listed with 48 as the last two digits. Accordingly, all of his records reflect 48 as the last two digits of his SSN.
3. He completed his training and was transferred to Germany for his first and only duty assignment. He served all of his time using the SSN containing the last two digits of 48.
4. On 4 September 1970, he was honorably released from active duty (REFRAD) as an overseas returnee. The DD Form 214 issued at the time of his REFRAD reflects the last two digits of his SSN as "48."
5. The copy of the Social Security Card the applicant submitted with his application shows the last two digits of his SSN as 84.
6. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information that is documented in official records as of the effective date of separation. Changes that occur subsequent to the date of separation will not be entered on this form retroactively unless the change occurred during the period covered by the form and the change was approved by the appropriate authority.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted and served his entire period of service using an SSN that contained the last two digits of 48 and his records properly reflect such.
2. 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. 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 understood the applicant desires to now record the SSN recorded on his Social Security Card in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. Although the applicant has offered no explanation as to why his SSN in his official records is different than the SSN on his Social Security Card, the applicant is advised that a copy of this decisional document which confirms the SSN contained on his Social Security Card 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 this SSN documented in his OMPF. Accordingly, there is no basis for granting the applicants 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) AR20110012303
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ABCMR Record of Proceedings (cont) AR20110012303
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