BOARD DATE: 31 January 2012
DOCKET NUMBER: AR20110015723
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as "317-XX-XXXX" instead of "311-XX-XXXX" (completely different number).
2. The applicant states:
a. the SSN shown on his DD Form 214 is his father's and not his; and
b. both he and his father share the same name.
3. The applicant provides copies of his DD Form 214 and 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 applicant's military record contains a DD Form 398 (Statement of Personal History) that he completed during his enlistment processing. Item 13 (Employment) contains a block for his SSN which he completed by entering the SSN he is claiming is incorrect.
3. On 2 March 1967, he was inducted into the Army of the Unite States. He was trained in and awarded military occupational specialty 95B (Military Police).
4. The DA Form 20 (Enlisted Qualification Record) prepared upon his entry on active duty records the SSN he claims is incorrect.
5. All documents on file in the applicant's Official Military Personnel File (OMPF) containing his SSN, list the SSN that he claims is incorrect and, when required, he authenticated each of the documents with his signature. There are no documents in his record that shows his SSN he now claims is correct.
6. On 13 February 1969, the applicant was honorably discharged from active duty service after completing 1 year, 11 months and 12 days of total active service. Item 3 (Social Security Number) shows the SSN he claims is incorrect.
7. The applicant provides a copy of his social security card which list the number that he claims is correct.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record includes a DD Form 398 which shows the SSN he disclosed upon his enlistment is the same SSN that he now claims is incorrect. His record clearly lists this SSN on all applicable documents throughout his military service, and when required, he authenticated these documents with his signature.
2. 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 that the applicant desires his military records to now record the SSN that he claims is correct and as indicated on the evidence he provides, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. Lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, were correct at the time and there is insufficient evidence to grant him relief in this case.
4. The applicant is advised that a copy of this decisional document will be filed in his service record. This should serve to clarify any questions or confusion in regard to the different SSN's and to satisfy his desire to have his correct SSN documented in his 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) AR20110015723
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ABCMR Record of Proceedings (cont) AR20110015723
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