IN THE CASE OF:
BOARD DATE: 23 February 2012
DOCKET NUMBER: AR20110016068
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 his correct social security number (SSN).
2. The applicant states the SSN listed on his record should show
"XXX-XX-1988" and not "XXX-XX-1985" or "XXX-XX-1986."
3. The applicant provides:
* Texas Army National Guard (TXARNG) Memorandum
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DA Form 1 (Morning Report)
* DA Form 20 (Enlisted Qualification Record) (pages 1 and 2)
* Statement
* AG Texas Form 74 (Request for TXARNG Records)
* National Guard Bureau (NGB) Form 55 (Honorable Discharge Certificate)
* NGB Form 22 (NGB Report of Separation and Record of Service)
* TXARNG Special Order 29 dated 12 February 1970
* TXARNG Fax Coversheet with Self-Authored Statement
* Social Security card issued on 12 January 2010
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 shows he enlisted in the TXARNG on 3 February 1964 for a period of 6 years.
3. The applicant's DD Form 4 (Enlistment Contract - Armed Forces of the United States) that was prepared during his enlistment processing does not include his SSN. Item 2 (Service Number) lists his service number and his military record contains no documents prepared during his enlistment processing that list his SSN.
4. On 3 May 1964, he was ordered to active duty training (ADT) and upon completion of training, he was awarded military occupational specialty 910.00 (Medical Corpsman) and released from active duty on 10 October 1964.
5. The DD Form 214 he was issued shows he completed 5 months and 8 days of creditable active duty service. Item 31 (Remarks) includes the entry "SSAN: XXX-XX-1986" and he authenticated this document with his signature verifying that his SSN was correct.
6. The applicant provides the following official military personnel file (OMPF) document extracts which list the last four digits of his SSN as "1986":
* DA Form 1
* DA Form 20
* NGB Form 55 (issued on 2 February 1970)
* TXARNG Special Orders Number 29, dated 12 February 1970
7. The applicant provides a copy of his NGB Form 22, issued upon his honorable discharge from the TXARNG on 2 February 1970. Item 2 (Service No.) lists his SSN as "XXXX-XX-1985."
8. The applicant provides a copy of his Social Security card that was issued on
13 January 2010. It lists his SSN as "XXXX-XX-1988."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his SSN is listed incorrectly in his military record.
2. The available evidence confirms that with the exception of the applicant's NGB Form 22, dated 2 February 1970, which lists his SSN as XXX-XX-1985, all other documents maintained in his military record, which includes his honorable discharge certificate also issued on 2 February 1970, list his SSN as "XXX-XX-1986." He now claims both of these SSNs are incorrect and states they should be changed to reflect "XXX-XX-1988," which is the SSN that is listed on his Social Security card that was issued on 13 January 2010.
3. The evidence of record confirms the applicant's military service was performed under SSN XXX-XX-1986. This is the SSN he used upon entry on active duty and throughout his period of military service.
4. 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 the applicant 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.
5. 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 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) AR20110016068
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110016068
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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