BOARD DATE:	  5 April 2012

		DOCKET NUMBER:  AR20110019716 


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 that his DD Form 214 be corrected to reflect the Social Security Number (SSN) that is reflected on his Social Security Card.

2.  The applicant states that at the time he enlisted he believed that the SSN he provided was his correct SSN as it was the same number he had used on his previous job.  However, he recently discovered that he has been using the wrong SSN all of his life and the Social Security Administration has corrected the problem for Social Security purposes.  He further states he believes that his 
DD Form 214 needs to be corrected in order for him to receive medical help from the Department of Veterans Affairs.  

3.  The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), driver’s license, Social Security Card, and birth certificate.

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 in Chicago, Illinois on 
10 November 1981 for a period of 3 years and training as an infantryman.  At the time of enlistment he provided a copy of his Form W-2 (Wage and Tax Statement) to verify his SSN.  The last four digits of his SSN were recorded as “3512.”

3.  The applicant completed his one-station unit training as a light weapons infantryman at Fort Benning, Georgia and was transferred to Fort Ord, California for his first duty assignment.

4.  On 6 October 1983, he was transferred to Korea for assignment to the 2d Infantry Division and served in Korea until 7 November 1984 when he was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) in the rank of private (E-1) due to the expiration of his term of service.  He had served 3 years and 4 days of active service and his 
DD Form 214 issued at the time of his REFRAD reflects the SSN in block 3 that he used throughout his entire period of service.

5.  The Social Security Card provided by the applicant reflects that the last four digits of his SSN are “3489.”

6.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.  Changes that occur subsequent to the date the DD Form 214 is issued are not authorized for entry on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant provided an SSN with the last four digits of "3512" at the time of enlistment in 1981 and he served under that SSN for his entire period of service.  While the applicant contends that he made a mistake at the time of enlistment and has corrected the mistake with the Social Security Administration there is no evidence of record or independent evidence that suggests his military records exhibit a material error or injustice.  

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 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 that the applicant desires to now record his current 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.

3.  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 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)                                         AR20110019716



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ABCMR Record of Proceedings (cont)                                         AR20110019716



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