IN THE CASE OF:
BOARD DATE: 27 March 2012
DOCKET NUMBER: AR20110018734
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 (Certificate of Release or Discharge from Active Duty) to show his Social Security number (SSN) as indicated on his Social Security card.
2. The applicant makes no statement.
3. The applicant provides copies of his DD Form 214 and his 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 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 following documents in the applicant's official military personnel file (OMPF) show the same SSN as indicated on his DD Form 214. No document was found to show a different SSN.
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 31 October 1979
* DD Form 93 (Record of Emergency Data), dated 26 March 1980, and reviewed on 13 May 1980 and 18 November 1982
* Department of Veterans Affairs Form 29-8286 (Servicemen's Group Life Insurance Election), dated 1 October 1981, and reviewed on 18 November 1982
* DA Form 873 (Certificate of clearance and/or Security Determination), dated 4 February 1982
* DD Form 4, dated 21 October 1982
* DA Form 2-1 (Personnel Qualification Record Part II) last reviewed on 10 October 1985
3. The applicant's DD Form 214 shows he was discharged on 15 October 1985. This document shows the same SSN in item 3 (SSN) as indicated on all other documents in the applicant's OMPF.
4. The applicant provides a copy of his Social Security card showing his SSN to be considerably different from that indicated on documents in his OMPF.
5. Army Regulation 635-5 (Separation Documents), then in effect, required the SSN to be entered in item 3 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his SSN as indicated on his Social Security card.
2. The evidence of record clearly shows the applicant enlisted in the U.S. Army, served on active duty, reenlisted, and was subsequently discharged, all while using the SSN indicated on essentially all documents in his OMPF.
3. 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.
4. The applicant is advised that a copy of this decisional document will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in his current SSN and the one recorded in his military record and satisfy his desire to have his current SSN documented in his record.
5. In view of the above, the applicant's request should be denied.
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) AR20110018734
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