IN THE CASE OF:
BOARD DATE: 14 February 2012
DOCKET NUMBER: AR20110015624
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 the social security number (SSN) in his military service record and on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected.
2. The applicant states the SSN listed in his record and on his DD Form 214 is incorrect. He states the Internal Revenue Service and Social Security Administration (SSA) discovered the SSN was in error and corrected it after he was separated.
3. The applicant provides an SSA earnings determination, dated 8 February 1980, and his DD Form 214 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 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 record shows he enlisted in the Regular Army on 22 October 1968. The DD Form 4 (Enlistment Record-Armed Forces of the United States) does not list his SSN. The Service Number was the primary identification number used at the time. The record does include a DD Form 368 (Statement of Personal History), dated 23 October 1966, which the applicant completed upon entry on active duty. In this document, he listed his SSN as 5xx-xx-xxx6 in item 13 (Employment). A DD Form 1584 (National Agency Check) in the record, dated 20 November 1968, lists his SSN as 5xx-xx-xxx6 in item 4 (Social Security Number).
3. The DA Form 20 (Enlisted Qualification Record) prepared on the applicant on 31 October 1968, upon entry on active duty, lists his SSN as 5xx-xx-xxx6 in item 1 (Name and Service Number). All orders and other documents in the applicants Military Personnel Records Jacket (MPRJ) that contain an SSN list the applicants SSN as 5xx-xx-xxx6.
4. On 26 May 1971, the applicant was honorably released from active duty after completing 2 years, 7 months, and 5 days of active military service. His
DD Form 214 lists his SSN as 5xx-xx-xxx6 in item 3 (Social Security Number).
5. The applicant provides an SSA earnings determination, dated
8 February 1980, that indicates he had earnings from the Department of the Army in the years 1968 through 1971 under the SSN 5xx-xx-xxx6 and those earnings were added to his record. This document lists his SSN at the time as 5xx-xx-xxx6 but also shows he was assigned a new SSN of 4xx-xx-xxx7.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, stipulated that the DA Form 20 and documents and orders in the MPRJ would be the primary source records for information entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants request for correction of his SSN in his military record and on his 214 has been carefully considered. However, there is insufficient evidence to support granting the requested relief.
2. 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.
3. While the applicants desire to have his records changed to reflect the new SSN that he was assigned is understood, there is no indication he made this request at any time during his military service or at the time he was separated from active duty. In fact, the earnings he received during military service were credited to his SSA account/record. Therefore, there is an insufficient evidentiary basis to support compromising the integrity of the Armys records to satisfy this request at this late date.
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) AR20110015624
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110015624
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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