IN THE CASE OF:	 

		BOARD DATE:	  18 January 2012

		DOCKET NUMBER:  AR20110015110 


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 his military records and DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect the correct social security number (SSN).  

2.  The applicant states the SSN in his record and on his DD Form 214 is incorrect. 

3.  The applicant provides his DD Form 214 and SSN card in support of the application.  

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.  The applicant's record shows he enlisted in the Regular Army on 17 April 1979.  The DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States) prepared for this enlistment lists the SSN the applicant now claims is incorrect in item 2 (SSAN) and the applicant signed this document in item 14b (Signature of Applicant/Enlistee).  All other documents prepared during this enlistment processing that listed a SSN listed the one the applicant now claims is incorrect.  

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) prepared upon his entry on active duty lists the SSN the applicant claims is incorrect in item 2 (SSN).  The applicant signed this document in item 34 (Signature) on 1 May 1979, and last reviewed the document on 6 April 1982.  

4.  The orders and documents in the applicant's military personnel records jacket (MPRJ) that contain an SSN list the same SSN that is entered on the DD Form 4 and DA Form 2-1.  

5.  On 25 March 1982, Headquarters, I Corps and Fort Lewis, Fort Lewis, Washington, Orders 60-182 directed the applicant's release from active duty on 28 April 1982, and lists the same SSN contained on his enlistment documents and military service records and on all orders and documents contained in his MPRJ in the standard name line.  

6.  On 28 April 1982, the applicant was honorably released from active duty in the rank/pay grade of private/E-2 after completing 3 years of creditable active military service.  The DD Form 214 he was issued at the time contains the SSN listed throughout his military record. 

7.  The applicant’s record also contains Orders D-03-020701 issued by the U.S. Army Reserve Personnel Center on 27 March 1985 which directed the applicant’s discharge from the United States Army Reserve on 28 March 1985.  These orders list the SSN contained throughout the applicant’s military record in the standard name line.  

8.  The applicant provides an SSN card that shows an SSN different than the one listed in his military records.  

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time of the applicant's separation stated the 
DA Form 2-1 and documents on file in the MPRJ were the primary sources for information for entries on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his DD Form 214 be corrected to reflect the SSN contained in the SSN card he provides has been carefully considered.  However, it is clear the applicant's active duty service was performed under the SSN recorded in his military records that he now claims was in error.

2.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed.  Therefore, the SSN listed in the applicant's military records should not be changed at this time.

3.  This Record of Proceedings will be filed in his military record in order to provide clarity and to deal with any confusion that may arise regarding the difference in the SSN under which he performed his military service and was separated vice the SSN he indicates he now uses.  Filing the Board's decisional document will also guarantee the historical integrity of the applicant's military record.

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)                                         AR20110015110



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ABCMR Record of Proceedings (cont)                                         AR20110015110



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