BOARD DATE:	  17 January 2012

		DOCKET NUMBER:  AR20110012416 


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 (Report of Separation from Active Duty) to show his social security number (SSN) as "XXX-XX-8113" vice "XXX-XX-2913."

2.  The applicant states his SSN is wrong on his DD Form 214.  At the time, he was eager to get out of the service and he failed to review his DD Form 214 for errors.  It was never an issue until he applied for Department of the Veterans Affairs (VA) benefits and he discovered the error.

3.  The applicant provides his DD Form 214 and an SSN printout from the Social Security Administration.

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.  In conjunction with his enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History) on 2 June 1975 wherein he listed his SSN as "XXX-XX-2913."  He authenticated this form by placing his signature in the appropriate block.

3.  He enlisted in the RA on 20 June 1975 and he held military occupational specialty 11C (Indirect Fire Infantryman).  His DD Form 4 (Enlistment/
Reenlistment Document – Armed Forces of the Unites States), dated 20 June 1975, shows his SSN as "XXX-XX-2913."  He authenticated this form by placing his signature in the appropriate block.

4.  A DD Form 1584 (National Agency Check Request), dated 30 June 1975, shows his SSN as "XXX-XX-2913."

5.  His DA Form 2-1 (Personnel Qualification Record) which was created upon his entry on active duty shows his SSN as "XXX-XX-2913."  He authenticated this document by placing his signature in the appropriate block on 6 November 1975.  This form also shows he last reviewed the contents of this form on 19 March 1976.

6.  His records contain numerous personnel, finance, medical, and legal documents, including a DA Form 1172 (Application for Uniformed Services Identification and Privilege Card), a VA Form 29-8286 (Servicemen's Group Life Insurance Election), assignment orders, and various other orders that all show his SSN as "XXX-XX-2913."

7.  Special Orders Number 78, dated 21 April 1976, issued by Headquarters, 24th Infantry Division and Fort Stewart, Fort Stewart, GA, reassigned him to the U.S. Army Garrison Transfer Point, Fort Stewart, GA, with a reporting date of 23 April 1976 and discharge date of 23 April 1976.  His SSN is shown as 
" XXX-XX-2913."

8.  He was honorably discharged from active duty by reason of hardship on 23 April 1976.  Item 3 (SSN) of the DD Form 214 he was issued shows his SSN as "XXX-XX-2913."  He authenticated this form by placing his signature in the appropriate block.  He completed 10 months and 4 days of creditable active service.

9.  The applicant provides an SSN printout from the Social Security Administration, dated 6 June 2011, that states an individual with the same full name as the applicant was issued SSN "XXX-XX-8113."



DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant listed his SSN as "XXX-XX-2913" upon his enlistment in the RA.  This SSN is consistent with the SSN shown on various documents throughout his military service.  He authenticated many documents by placing his signature in the appropriate place indicating his SSN was correct.  He did not use the SSN that he now claims is correct during his period of military service.

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 that the applicant desires to have his current 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 insufficient evidence to grant him relief in this case.

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)                                         AR20110012416



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ABCMR Record of Proceedings (cont)                                         AR20110012416



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