IN THE CASE OF:
BOARD DATE: 31 January 2012
DOCKET NUMBER: AR20110014990
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 change the last three digits of his Social Security Number (SSN) to read 726 instead of 627.
2. He states the wrong SSN is in his military records.
3. He provides a copy of his DD Form 214 and Social Security Account Number (SSAN) card.
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 Regular Army on 22 December 1969. His enlistment contract shows his SSN with the last three digits of 627. After completion of training, he served in military occupational specialty 62K (Grader Operator).
3. His record contains an Armed Forces Fingerprint Card, a Servicemens Group Life Insurance Election Form, and an Enlisted Qualification Record, which all show his SSN with the last three digits of 627.
4. He was honorably released from active duty on 16 December 1972, after completing 2 years, 11 months, and 25 days of total active service. Item 3 (SSN) of his DD Form 214 shows the last three digits as 627.
5. He provided a copy of his SSAN card which depicts the last three digits of his SSN as 726.
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. He provided a copy of his SSAN card which shows his SSN with the last three digits of 726. The SSN entered on his initial enlistment contract shows he used the last three digits of 627 and continued to use this number 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 shows his current 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) AR20110014990
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ABCMR Record of Proceedings (cont) AR20110014990
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