IN THE CASE OF:
BOARD DATE: 3 January 2012
DOCKET NUMBER: AR20110013163
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 (Certificate of Release or Discharge from Active Duty) to show his correct service number (correctly referred to as social security number (SSN)) as XXX-XX-XXX3 instead of
XXX-XX-XXX1.
2. He states there was an error made in listing his SSN.
3. He provides his DD Form 214.
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's record shows he enlisted in the Regular Army on 31 October 1979. He was honorably released from active duty on 29 October 1982 and credited with 2 years, 11 months, and 29 days of active service.
3. A review of his record shows his SSN as XXX-XX-XXX1 appears on all the documents containing an SSN in his records, to include the following forms:
* Enlistment/Reenlistment documents, dated 25 September 1979
* DA Form 873 (Certificate of Clearance and/or Security Determination), dated 25 February 1981
* DA Form 2-1 (Personnel Qualification Record)
4. His DD Form 214, item 3 (SSN), shows his SSN as XXX-XX-XXX1.
5. His record is void of any evidence or documents that show his SSN as
XXX-XX-XXX3.
6. Army Regulation 635-5 (Separation Documents) states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
The applicant's SSN when he enlisted in the Army, throughout his service, and at the time he was separated was shown as XXX-XX-XXX1. There is no evidence of record and he has not provided any that shows he ever presented
XXX-XX-XXX3 as his SSN or used such number during his active service. Therefore, there is an insufficient basis for changing his SSN on his DD Form 214.
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) AR20110013163
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ABCMR Record of Proceedings (cont) AR20110013163
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