IN THE CASE OF:	  

		BOARD DATE:	    3 April 2012

		DOCKET NUMBER:  AR20110019036 


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
"xxx-xx-610x" instead of "xxx-xx-106x."

2.  The applicant states the SSN shown on his DD Form 214 is incorrect. 

3.  The applicant provides his DD Form 214, Social Security Card, and State Identification 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 applicant enlisted in the Army National Guard (ARNG) on 20 June 1978.  His DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) and allied documents listed his SSN as "xx-xx-106x."  He authenticated this form by placing his signature in the appropriate block.

3.  He was discharged from the ARNG on 27 June 1979 by reason of involuntary order to active duty.  Item 3 (SSN) of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows his SSN as "xxx-xx-106x."

4.  Orders 92-227, issued by Headquarters, Fifth U.S. Army, Fort Sam Houston, TX, dated 10 May 1979, ordered the applicant to active duty and assignment to the U.S. Army Reception Station, Fort Knox, KY with a reporting date of 28 June 1979.  Item 2 (SSN) of the DA Form 2-1 (Personnel Qualification Record) that was created upon his entry on active duty shows his SSN as "xxx-xx-106x."  He reviewed this form and authenticated it by placing his signature in the appropriate block.

5.  His record contains various personnel and medical documents, including a DA Form 428 (Application for Identification Card), VA Form 29-8286 (Servicemen's Group Life Insurance Election), and several other official documents wherein his SSN is listed as "xxx-xx-106x."  He authenticated several of these documents by placing his signature in the appropriate block.

6.  On 9 April 1980, he was honorably discharged from active duty.  Item 3 (SSN) of the DD Form 214 he was issued at the time shows his SSN as "xxx-xx-106x."  He authenticated this form with his signature.

7.  He submitted a social security card that contains his name and the SSN of "xxx-xx-610x."  He also submitted a State identification card.

8.  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.  It states that 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows upon the applicant's enlistment in the ARNG and subsequent entry on active duty, he listed his SSN as "xxx-xx-106x."  He 

consistently used this SSN throughout his period of military service.  He authenticated several documents by placing his signature in the appropriate blocks, indicating this was his correct SSN.

2.  Absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including his NGB Form 22 and DD Form 214, were correct at the time these forms were prepared.  Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief.

3.  For historical purposes, the Army has an interest in maintaining the integrity 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 he 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 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 current SSN documented in his OMPF.

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)                                         AR20110019036



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110019036



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1