BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110014075
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 that his records be corrected to reflect his correct social security number (SSN).
2. He states, in effect, that he was not aware that his SSN was in error while he served in the military. He continues that it was not until recently that he was issued a new SSN that should have been in use during military service. He states that his SSN should be xxx-x7-xxxx instead of xxx-x4-xxx as shown on his military service records.
3. He provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 9 January 1974; a copy of a Social Security Card; and an SSN Verification Statement from the Social Security Administration.
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 enlisted in the Regular Army on 10 January 1972. He successfully completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 76V (Equipment Storage Specialist).
3. Item 3 (Social Security Number) of his DD Form 214 shows xxx-x4-xxxx and all documents in his service records show his SSN as xxx-x4-xxxx to include his DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 10 January 1972.
4. He provided a copy of a SSN Card, which was issued by the United States Government. This document shows his SSN was xxx-x7-xxxx.
5. Army Regulation 635-5 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. In pertinent part, it states the DD Form 214 is a synopsis of the Soldiers 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. 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. In the absence of a showing of material error or injustice, the ABCMR is reluctant to recommend that those records be changed.
2. It appears the applicants SSN might have been xxx-x7-xxxx as confirmed by the United States Government SSN Card provided. However, he appropriately served in the Army and was discharged using the SSN listed as xxx-04-xxxx. While his desire to have the records changed is understood, there is no basis for compromising the integrity of the Armys records. This Record of Proceedings will be filed in his official military personnel file to document the SSN that is listed on his SSN Card and clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and the SSN on the documents he submitted.
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) AR20110014075
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ABCMR Record of Proceedings (cont) AR20110014075
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