IN THE CASE OF:	  

		BOARD DATE:	    13 March 2012

		DOCKET NUMBER:  AR20110017185 


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 the social security number (SSN) recorded in his military service records.

2.  The applicant states he used an SSN he thought to be correct when he enlisted in the Army but was found to be wrong.  As a result, the SSN in his military records should be changed from "XXX-XX-1124" to "XXX-XX-1184."

3.  The applicant provides a copy of an Internal Revenue Service (IRS) notice and Social Security Administration (SSA) statement.

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.  A DD Form 1966 (Application for Enlistment - Armed Forces of the United States) completed by the applicant for entrance in the U.S. Armed Forces shows in item 1 (Social Security Account Number (SSAN)):  "XXX-XX-1124."  The applicant certified the accuracy of the information on the form by placing his signature on the document on 2 March 1981 and again on 30 April 1981.

3.  A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve (USAR) on 27 March 1981, he was discharged from the USAR on 29 April 1981, and enlisted in the Regular Army (RA) on 30 April 1981.  Item 2 (SSAN) shows 
"XXX-XX-1124."

4.  Three DD Forms 4 show the applicant reenlisted in the RA on 9 January 1984, 29 June 1987, and 18 June 1991.  Item 2 of all three forms shows his SSN as "XXX-XX-1124."

5.  A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant entered active duty on 30 April 1981 and he was honorably discharged on 1 December 1993.

	a.  He completed 12 years, 7 months, and 2 days of net active service.

	b.  Item 3 (SSN) shows "XXX-XX-1124."

6.  A review of the applicant's military personnel records failed to reveal any evidence that he requested a correction of his SSN during his military service.

7.  In support of his application the applicant provides the following documents:

	a.  an IRS notice, dated 13 December 2010, that shows his SSN as 
"XXX-XX-1184" and

	b.  an SSA statement, dated 13 December 2010, that shows an SSN showing only the last four digits of "1184" is assigned to the applicant.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or REFRAD service or control of the Active Army.  It stated that the source documents for entering information on the DD Form 214 would be the Personnel Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, military personnel records jacket, or any other document authorized for filing in the official military personnel file.

	a.  Table 2-1 (DD Form 214 Preparation Instructions) contained item-by-item instructions for completing the DD Form 214.

	b.  Item 3 stated to verify the accuracy with the SSN of record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the SSN recorded in his military service records should be corrected to show his SSN as "XXX-XX-1184" because he used an SSN he thought was correct during his military service but was wrong.

2.  The evidence of record shows the applicant reported his SSN as 
"XXX-XX-1124" upon entry in the U.S. Armed Forces.  The evidence of record also shows this SSN was consistently recorded in the applicant's official military service records, including on his DD Form 214 when he was discharged.

3.  There is no evidence the applicant reported an error or requested a correction of his SSN during the more than 12 years that he served on active duty.

4.  The applicant now provides evidence that his SSN is "XXX-XX-1184."

5.  The sincerity of the applicant's contention is not in question.  However, considering all the evidence and information presented by the applicant together with the evidence of record, applicable law, and regulations, the evidence provided by the applicant relating to his SSN is insufficient to warrant a change to his military service records and separation document.

6.  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.

	a.  The applicant's military service records clearly show he reported his SSN as "XXX-XX-1124" and this is documented in his military service records.

	b.  In view of the foregoing, there is no basis for granting the applicant's request to change the SSN in his military service records or his separation document because his military service records accurately reflect the conditions and circumstances that existed during the period of his military service.

	c.  Therefore, the applicant is not entitled to correction of his records in this case.

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)                                         AR20110017185



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ABCMR Record of Proceedings (cont)                                         AR20110017185



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