BOARD DATE:	    2 February 2012

		DOCKET NUMBER:  AR20110015183 


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 record to show the third digit of his Social Security Number (SSN) is an “8.”

2.  The applicant states his military record incorrectly shows the third digit of his SSN as “5” instead of “8.”  He goes on to state the Social Security Administration corrected the error when he first exited the Army and he never thought it would be an issue until now.  When he went to the Department of Veterans Affairs (DVA) to apply for medical benefits he was told he needed to have his DD Form 214 corrected.

3.  The applicant provides copies of:

* his meal card
* his immunization record
* his discharge orders from the U.S. Army Reserve
* a certificate from his unit in Vietnam
* orders transferring him to Vietnam
* his Certification of Servicemen’s Group Life Insurance
* his Honorable Discharge Certificate
* his Social Security card
* his Bronze Star Medal Certificate
* a letter 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 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 was inducted into the Army of the United States on 6 December 1966.  At the time of his induction he was issued a military service number for identification purposes; however, his DD Form 47 (Record of Induction) does list his SSN with a “5” as the third digit.  He completed his basic training at Fort Ord, CA and his advanced individual training as a power plant operator at Fort Belvoir, VA before being transferred to Vietnam on 3 July 1967.

3.  He departed Vietnam on 2 July 1968 and he was transferred to Fort Bliss, TX where he remained until he was honorably released from active duty (REFRAD) on 5 December 1968 due to the expiration of his term of service (ETS).  He completed 2 years of total active service.  The DD Form 214 he was issued at the time of his REFRAD shows his SSN with a “5” as the third digit.

4.  A review of his official record shows the applicant used the same SSN containing a “5” as the third digit throughout his period of service when an SSN was required.  There are no documents indicating an “8” as the third digit of his SSN contained in his records.

5.  The Social Security card provided by the applicant shows an “8” as the third digit.

6.  On 1 July 1969, the Army discontinued the issuance and use of the military service number and began using the SSN for identification.  Prior to 1 July 1969, service members were not required to maintain an SSN in their record; however, they were usually recorded when provided by the individual Soldier.

7.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.  Changes that occur subsequent to the date the DD Form 214 is issued are not authorized for entry on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's SSN contained a “5” as the third digit at the time of his induction and throughout his entire period of service.  The applicant has offered no explanation as to why he served under an SSN that is different from his current SSN for his entire period of service.  Therefore, there is no evidence of record or independent evidence that suggests his military record exhibits a material error or injustice. 

2.  For historical purposes, 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.  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 that the applicant desires to now record his current SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

3.  The applicant is advised that a copy of this decisional document which confirms 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 his current SSN documented in his OMPF.

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)                                         AR20110015183



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ABCMR Record of Proceedings (cont)                                         AR20110015183



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