IN THE CASE OF:
BOARD DATE: 19 April 2012
DOCKET NUMBER: AR20110019902
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 his social security number (SSN) with the number "9" instead of the number "4" as the fourth digit.
2. The applicant states he needs his SSN changed.
3. The applicant provides his DD Form 214 and a 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 applicant enlisted in the Regular Army on 30 June 1976. Item 2 (SSN) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows his SSN as "XXX-4X-XXXX" (the number 4 in the fourth digit). He authenticated this form as well as various allied documents by placing his signature in the appropriate blocks.
3. His DA Form 2-1 (Personnel Qualification Record) that was created upon his entrance into the Army shows the same SSN as that shown on his enlistment contract and statement of personal history. He reviewed this form and authenticated it by placing his signature in the appropriate block.
4. His records contain various personnel and medical documents, including promotion, reassignment, award, and separation orders; Armed Forces fingerprint card, VA Form 29-8286 (Servicemen's Group Life Insurance Election); and a separation packet wherein his SSN is listed with the number "4" in the fourth digit. He authenticated several of these documents by placing his signature in the appropriate block.
5. He was discharged from active duty on 10 January 1977. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-4X-XXXX." He authenticated this form with his signature.
6. He submitted a social security card that contains a name similar to his and the SSN "XXX-9X-XXXX."
7. 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 that upon his enlistment in the Regular Army the applicant listed his SSN with the number "4" as the fourth digit. He consistently used this SSN throughout his entire period of military service. He authenticated several documents by placing his signature in the appropriate blocks, indicating this was his correct SSN.
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 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.
3. Therefore, absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, were correct at the time and there is insufficient evidence to grant him relief 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 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) AR20110019902
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110019902
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