BOARD DATE:	  10 January 2012

		DOCKET NUMBER:  AR20110013023 


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 "XXX-XX-6518" instead of "XXX-XX-9664" (a completely different SSN).

2.  The applicant states the SSN listed on his DD Form 214 is incorrect.

3.  The applicant provides his DD Form 214 and a copy of his 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 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.  The applicant's records show he enlisted in the Regular Army on 31 July 1962.  His DD Form 4 (Enlistment Record – Armed Forces of the United States) listed his service number; it did not list his SSN.

3.  He completed a DD Form 398 (Statement of Personal History) on 17 May 1964 in connection with his enlistment in which he listed his SSN as 
"XXX-XX-9664."  He authenticated this form by placing his signature in the appropriate block.

4.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty also listed his SSN as "XXX-XX-9664."

5.  He was honorably released from active duty on 14 May 1965 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.  Item 3 (SSN) of his DD Form 214 for this period of service listed his SSN as "XXX-XX-9664."  He authenticated this form by placing his signature in the appropriate block.

6.  He again enlisted in the Regular Army on 21 July 1965.  He completed another DD Form 398 in connection with this enlistment in which he listed his SSN as "XXX-XX-9664."  He authenticated this form by placing his signature in the appropriate block.

7.  His records contain various personnel and/or medical forms, including award orders, records of emergency data, a certificate of clearance and/or security determination, and discharge orders, wherein he listed or his SSN was listed as "XXX-XX-9664."  He authenticated some of these documents by placing his signature in the appropriate block.

8.  He was honorably released from active duty on 19 July 1968 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.  Item 3 of his DD Form 214 for this period of service shows his SSN as "XXX-XX-9664."  He authenticated this form with his signature.

9.  He submits a letter from the Social Security Administration, dated 8 June 2011, informing him that its records indicate that SSN "XXX-XX-6518" has been his assigned number since June 1956.  He also submits a social security card that contains the same name with the suffix "Jr." and the SSN "XXX-XX-6518."

10.  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.  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 evidence of record shows the applicant completed a DD Form 398 in connection with his first and second enlistments wherein he listed his SSN as "XXX-XX-9664" in each case.  He consistently used this SSN throughout his military service.  He authenticated documents as needed by placing his signature in the appropriate blocks indicating the information contained therein was correct. 
He did not use the requested SSN as shown on his social security card and in the SSA letter during the period he served on active duty.

2.  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 that the applicant desires to now record a different 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.  It is unclear why the applicant used a different SSN during his military service. 
Lacking convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records, including his DD Form 214, were correct at the time and there is an insufficient basis 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)                                         AR20110013023



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ABCMR Record of Proceedings (cont)                                         AR20110013023



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