IN THE CASE OF:
BOARD DATE: 28 February 2012
DOCKET NUMBER: AR20110016608
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:
a. DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge),
b. National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), and
c. NGB Form 22-1 (Request/Decline Copy of NGB Form 22, Narrative Reason for Separation).
2. The applicant states:
* his SSN is wrong on these documents
* his correct SSN is "XXX-X6-XXX7"
3. The applicant provides:
* NGB Form 22
* NGB Form 22-1
* social security card
* Illinois driver's license
* DD Form 214
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. His military records are not available for review. This case is being considered using records which primarily consist of the documents provided by the applicant.
3. His NGB Form 22 shows he enlisted in the Illinois Army National Guard (ILARNG) on 12 February 1972.
4. His DD Form 214 shows he was ordered to active duty for training from the ILARNG on 5 July 1972 and he was released from active duty on 5 November 1972.
5. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-X7-XXX6."
6. His NGB Form 22 shows he was honorably discharged from the ILARNG on 2 October 1977.
7. Item 3 (SSN) of his NGB Form 22 shows his SSN as "XXX-X7-XXX6."
8. His NGB Form 22-1 shows his SSN as "XXX-X7-XXX6."
9. He provides his social security card which shows his SSN as "XXX-X6-XXX7."
10. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214 and states the DD Form 214 is a
synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
11. Army Regulation 15-185 prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his SSN is incorrect on his DD Form 214. However, because his records are not available to show what SSN he enlisted and served under, administrative regularity must be presumed.
2. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should actually 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. Therefore, there is an insufficient basis for amending his SSN in his military records.
3. The applicant is advised that a copy of this decisional document which confirms his correct SSN will be filed in his official military personnel file (OMPF). 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 in his OMPF.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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 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) AR20110016608
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ABCMR Record of Proceedings (cont) AR20110016608
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