IN THE CASE OF:
BOARD DATE: 19 January 2012
DOCKET NUMBER: AR20110014973
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, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show his correct social security number (SSN).
2. The applicant states he made up an SSN and it now needs to be fixed in his military records because he needs help with his life.
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 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. DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the U.S.) dated 24 December 1975, shows the applicant enlisted in the Regular Army for a period of 3 years using a nine digit SSN beginning with 312.
3. On 8 April 1976, the applicant was discharged with an honorable characterization of service. He had completed 3 months and 15 days of creditable active duty service.
4. A review of the applicant's military records shows the same SSN used for his enlistment was used throughout his brief period of active duty service.
5. The applicant has not provided any official documentation showing the SSN he used while in the military service was wrong, or that the SSN he now claims to be correct is, indeed valid.
6. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides 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. The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service. It provides that the Soldier's SSN will be entered in Item 3 (SSN) of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his real SSN and not the SSN he made up at the time of enlistment.
2. The evidence of record clearly shows that the applicant enlisted in the Regular Army, served for 3 1/2 months, and was discharged, all while using an SSN beginning with the numbers 312.
3. The applicant has not provided any official documentation or convincing argument showing that the SSN he used during his brief period of military service was indeed wrong. Furthermore, he has not provided any supporting documentation showing that the SSN he now claims to be correct is in fact so.
4. The Army has an interest in maintaining the integrity 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.
5. The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File. This should serve to make anyone reviewing his records aware of a potential SSN error.
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) AR20110014973
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