IN THE CASE OF:
BOARD DATE: 10 January 2012
DOCKET NUMBER: AR20110015457
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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as "x5x-6x-xxxx" instead of "x6x-3x-xxxx."
2. He states that his SSN is incorrectly shown on his DD Form 214. SSNs are important in every way of life.
3. He provides:
* DD Form 214
* Social Security 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. The applicants military record shows he enlisted in Regular Army on 17 May 1983. Item 2 (SSN) and Item 14a (Typed Name/SSN of Applicant/Reenlistee) of his DD Forms 4/1 and 4/2 (Enlistment/Reenlistment Armed Forces of the United States) list his SSN as "x6x-3x-xxxx.
3. He was discharged on 14 May 1985 with a general discharge. Item 3 (SSN) of his DD Form 214 lists his SSN as "x6x-3x-xxxx."
4. Item 2 (SSN) of his DA Form 2-1 (Personnel Qualification Record Part II) and all documents contained in his military personnel records jacket list his SSN as x6x-3x-xxxx."
5. He provides a copy of a Social Security Card listing his SSN as "x5x-6x-xxxx."
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The regulation established standardized policy for the preparation of the DD Form 214. At the time of his separation, the instructions stated to verify the accuracy of the Soldier's SSN with the SSN of record.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant enlisted in the Regular Army and served under the SSN of x6x-3x-xxxx. All documents contained in his military personnel records jacket list the same SSN. Other than the Social Security Card he provided with his application, there is no evidence of record and he did not provide any evidence from the Social Security Administration to validate his correct SSN.
2. The evidence he submitted also is not sufficient to show that an error exists or is a basis for changing the SSN shown on his DD Form 214.
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 he 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 confirms his correct SSN, will be filed in his Official Military Personnel File. 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 correct SSN documented on his DD Form 214.
5. In view of the foregoing, there is no basis for granting his requested relief.
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) AR20110015457
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ABCMR Record of Proceedings (cont) AR20110015457
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