IN THE CASE OF:
BOARD DATE: 26 January 2012
DOCKET NUMBER: AR20110015371
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 Social Security Number (SSN) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states his SSN is incorrect on his DD Form 214.
3. The applicant provides:
* a copy of his DD Form 214
* a copy of his Social Security Card
* a copy of a letter from the Social Security Administration
* a copy of his California Driver License
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. This case involves three different SSNs. They are:
* the SSN provided by the applicant - X08-X8-X444
* the SSN he used when he enlisted - X12-X2-X644
* the SSN used on records at separation - X12-X2-X400
3. The applicant enlisted in the Regular Army for 3 years on 8 September 1966. He served 3 years, 1 day and was honorably separated on 8 September 1969.
4. When the applicant entered military service, the Army used service numbers, not the SSN, to identify Soldiers. Service numbers were used by the U.S. Army from 1918 until they were officially phased out and replaced by the SSN on 12 July 1969. Alphabetical prefixes RA for Regular Army Soldiers, US for inductees, and NG for National Guard Soldiers were added to the service number.
5. The applicant's DD Form 4 (Enlistment Record Armed Forces of the United States) does not contain an SSN.
6. The applicant completed a handwritten DD Form 398 (Statement of Personal History) which he signed and dated on 9 October 1966. On that form, he recorded his SSN as X12-X2-X644
7. From the applicant's enlistment through his service in Vietnam, which ended with his medical evacuation to Walter Reed Army Medical Center (WRAMC), Washington, DC on or about 3 March 1968, his records show his SSN as X12-X2-X644.
8. Upon release from WRAMC, the applicant was assigned to Fort Carson, CO on or about 9 April 1968. At that time, his SSN changed to X12-X2-X400 in his service records. He signed a DA Form 428 (Application for Identification Card) using X12-X2-X400 as his SSN.
9. When he was honorably separated from the RA on 8 September 1969 and transferred to the U.S. Army Reserve (USAR) to complete his service obligation, he signed his DD Form 214 which showed his SSN as X12-X2-X400.
10. When he received his discharge from the USAR on 23 August 1972, Letter Orders Number 08-1309743 listed his SSN as the one on his Social Security Card (X08-X8-X444).
DISCUSSION AND CONCLUSIONS:
1. The applicant's service records inexplicably contain two different SSNs. The applicant has signed documents in his service record attesting to both SSNs as valid.
2. The applicant now presents a third SSN and wants his DD Form
214 corrected to show that number as correct. In support of his request, the USAR has already provided him Letter Orders honorably discharging him under this third SSN.
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, especially when the record cannot be absolutely verified one way or another. While it is understandable the applicant desires to now record his correct SSN in his military records, there is not a sufficiently compelling reason to decide which SSN was correct during the period he served.
4. The applicant is advised that a copy of this decisional document will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the different SSNs recorded in his military record and to satisfy his desire to have his correct SSN documented in his 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) AR20110015371
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ABCMR Record of Proceedings (cont) AR20110015371
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