IN THE CASE OF:	  

		BOARD DATE:	  21 February 2012

		DOCKET NUMBER:  AR20110017252


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 the last three digits of his social security number (SSN) as “196” instead of “569” as indicated on his Silver Star general orders.

2.  The applicant states the SSN appearing on his DD Form 214 is assigned to a female and was incorrectly assigned to him by the Army.  Further, with the exception of General Orders Number 2561, awarding him the Silver Star, his SSN is incorrectly listed on all documents in his military record.  The weight of a personal identifier such as one's SSN is indisputable.

3.  The applicant provides:

* General Orders Number 2561, issued by Headquarters, 25th Infantry Division, dated 4 April 1968
* DD Form 214 ending 21 May 1968
* Employee W-2 Wage Summary 2010
* Army Board for Correction of Military Records (ABCMR) Record of Proceedings, Case Number AR20100029778 with associated documents
* Social Security Card
* Texas Southern University Transcripts



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.  The applicant enlisted in the Regular Army on 30 June 1965.

3.  His military personnel records were not available for review; however, he stated in his application to this board that all documents in his military record, with the exception of his Silver Star award orders, show the last three digits of his SSN as "569."

4.  He was released from active duty on 21 May 1968.  Item 3 (SSN) of his DD Form 214 shows the last three digits of his SSN as “569.”

5.  He provided a copy of his social security card, employee W-2 form, and college transcripts which show the last three digits of his SSN as “196.”

6.  On 30 June 2011, the ABCMR approved the applicant's request to have his Silver Star listed on his DD Form 214 based on general orders found in his military record.  In the record of proceedings it was noted that his SSN was incorrectly entered as xxx-xx-x196 on those same general orders and directed the orders be amended to show the SSN contained in his record, xxx-xx-x569.

7.  Permanent Orders Number 287-09, issued by the Army Review Board Agency, dated 14 October 2011, amended his Silver Star order to show his SSN as xxx-xx-x569.



DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his military records to show his SSN as shown on the general orders which awarded him the Silver Star, xxx-xx-x196.  He contends the SSN listed on those orders is his correct SSN but at the same time he acknowledges that all the other documents in his military personnel file containing an SSN show he served in the Army using the same SSN as shown on his DD Form 214, xxx-xx-x569.

2.  In an earlier application to this board in which the applicant requested his Silver Star be added to his DD Form 214 it was determined that the SSN listed on the order, xxx-xx-x196, was incorrect because all other documents in his military record show the his SSN as xxx-xx-x569.  The board directed that the order be corrected to show his SSN as xxx-xx-x569 and the orders were amended on 14 October 2011.  This SSN is also shown on his DD Form 214.

3.  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 Army's records at this late date.

4.  The applicant is advised that a copy of this decisional document which confirms his current SSN will be filed in his military personnel file.  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 on his DD Form 214.

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)                                         AR20100029778



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ABCMR Record of Proceedings (cont)                                         AR20110017252



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