IN THE CASE OF:	  

		BOARD DATE:	  13 December 2011

		DOCKET NUMBER:  AR20110013294 


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-xx10" instead of "xxx-xx-xx61."

2.  The applicant states he entered the Army with an incorrect SSN.  Since that time he received his social security card from the Social Security Administration reflecting his correct SSN.

3.  The applicant provides his social security card and 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 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 enlisted in the Regular Army on 26 January 1973.  His
DD Form 4 (Enlistment Document - Armed Forces of the United States) listed his SSN as "xxx-xx-xx61."  He authenticated this form and allied documents by placing his signature in the appropriate blocks.

3.  His DD Form 398 (Statement of Personal History) listed his SSN as
"xxx-xx-xx61."  He authenticated this form by placing his signature in appropriate block.

4.  His DA Form 20 (Enlisted Qualification Record), prepared on upon his entry on active duty, listed his SSN as "xxx-xx-xx61."  He last reviewed this form on
1 February 1973 and authenticated it by placing his signature in the appropriate block.

5.  He was honorably discharged on 29 March 1973.  Item 3 (SSN) of the
DD Form 214 he was issued at the time lists his SSN as "xxx-xx-xx61."  He reviewed this form and authenticated it by placing his signature in block 32 (Signature of Person Being Transferred or Discharged).

6.  All the documents and forms contained in his official military personnel file (OMPF) bearing an SSN show his SSN as"xxx-xx-xx61."

7.  His OMPF contains a Standard Form (SF) 180 (Request Pertaining to Military Records), dated 7 August 1977, that the applicant sent to the National Personnel Records Center (NPRC), St. Louis, MO, requesting a copy of his DD Form 214.  He listed his SSN as "xxx-xx-xx61" on this form.

8.  He provided a social security card that contains his name and the SSN of "xxx-xx-xx10."  The social security card is dated 31 March 2009.

9.  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 applicant requests correction of his DD Form 214 to show his correct SSN.
2.  The applicant used SSN "xxx-xx-xx61" upon his enlistment in the Regular Army.  He consistently used this SSN throughout his military service.  He authenticated documents requiring a signature by placing his signature in the appropriate blocks, indicating the information contained therein was correct.  He did not use SSN "xxx-xx-xx10" at any time during his active service.

3.  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.  

4.  The applicant is advised that a copy of this decisional document, which confirms his correct SSN, will be filed in his 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 his correct SSN documented in his OMPF.

5.  In view of the foregoing, there is no basis for granting the applicant's 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)                                         AR20110013294



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ABCMR Record of Proceedings (cont)                                         AR20110013294



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