IN THE CASE OF:
BOARD DATE: 5 January 2012
DOCKET NUMBER: AR20110013651
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 correct social security number (SSN).
2. The applicant states the last digit of the SSN recorded on his DD Form 214 is incorrect and should be "4" instead of "9."
3. The applicant provides a copy of 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. A DD Form 47 (Record of Induction) shows the applicant was inducted into the Army of the United States (AUS) on 16 October 1968. [The U.S. Armed Forces did not use the SSN at the time of the applicant's induction.]
3. A DD Form 398 (Statement of Personal History), dated 17 October 1968, completed by the applicant upon his entry into the AUS shows in item 13 (Employment) for his SSN he entered "XXX-XX-XXX9."
4. A DD Form 1584 (National Agency Check Request), dated 30 October 1968, shows in item 4 (SSN) the entry "XXX-XX-XXX9."
5. Headquarters, U.S. Army Personnel Center, Fort Hamilton, New York, Special Orders Number 141, dated 22 July 1970, released the applicant from active duty (REFRAD) on 23 July 1970. The orders show the applicant's SSN as "XXX-XX-XXX9."
6. The applicant's DD Form 214 shows he entered active duty on 16 October 1968, he was honorably REFRAD on 23 July 1970.
a. He completed 1 year, 8 months, and 7 days of net active service.
b. Item 3 (SSN) shows "XXX-XX-XXX9."
7. USAR Components Personnel and Administration Center, St. Louis, Missouri, Letter Orders Number 09-1308489, dated 25 September 1974, honorably discharged the applicant from the USAR, effective 1 October 1974. His SSN is shown as "XXX-XX-XXX9."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that upon entry in the U.S. Armed Forces the applicant reported his SSN was "XXX-XX-XXX9." The evidence of record also shows this SSN was consistently recorded in the applicant's official military service records, including on his DD Form 214, when he was REFRAD.
2. The applicant now states that his SSN is "XXX-XX-XXX4."
3. Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, it is concluded that the evidence provided by the applicant relating to his SSN is insufficient to warrant a change to his military service records and separation document.
4. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.
a. The applicant's military service records clearly show he reported his SSN was "XXX-XX-XXX9" and this is documented in his military service records.
b. In view of the foregoing, there is no basis for granting the applicant's request to change the SSN in his military service records or his separation document because his military service records accurately reflect the conditions and circumstances that existed during the period of his military service.
c. Therefore, the applicant is not entitled to correction of his records in this instance.
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) AR20110013651
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ABCMR Record of Proceedings (cont) AR20110013651
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