IN THE CASE OF:
BOARD DATE: 5 January 2012
DOCKET NUMBER: AR20110013777
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 two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the periods ending
27 November 1961 and 4 March 1964 to show the last four digits of his Social Security Number (SSN) as 2679.
2. He states both documents show an incorrect SSN.
3. He provides a copy of his social security account number (SSAN) card and two DD Forms 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. His records show he enlisted in the Army National Guard on 28 February 1960. A DA Form 24 (Service Record) and a DD Form 93 (Emergency Data Card) show his SSN as xxx-xx-1206.
3. His DD Form 214 for the period ending 27 November 1961 shows he was ordered to active training (ACDUTRA) on 28 May 1961 and was honorably released upon completion. Item 32 (Remarks) shows his SSN as xxx-xx-1206.
4. He was ordered to ACDUTRA again on 22 January 1964 and was honorably released from active duty on 4 March 1964. Item 32 of his DD Form 214 for this period of service shows his SSN as xxx-xx-1206.
5. He provided a copy of his SSAN card which depicts his SSN as "xxx-xx-2679.
6. Army Regulation 635-5 (Separation Documents) provides guidance on the preparation of the DD Form 214. This regulation has historically stated that item 3 of the DD Form 214 will contain the SSN taken from the Soldier's personnel record.
DISCUSSION AND CONCLUSIONS:
1. His request to change his SSN on his DD Form 214 was carefully considered; however, it is not supported by the evidence of record.
2. Although he provided his SSAN card which verifies his correct SSN is "xxx-xx-2679 his record shows he used the SSN xxx-xx-1206 on all documents requiring the entry of an SSN throughout his military career.
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 Armys records at this late date.
4. He is advised that a copy of this decisional document which confirms his correct SSN will be filed in his Official Military Personnel File (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 the correct SSN documented in his OMPF.
5. Therefore, 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 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) AR20110013777
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ABCMR Record of Proceedings (cont) AR20110013777
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