IN THE CASE OF:
BOARD DATE: 5 April 2012
DOCKET NUMBER: AR20110020233
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) for the period ending 4 February 1972 to show the last four digits of his social security number (SSN) as 1365 instead of 7365.
2. He states he went to the Department of Veterans Affairs (VA) to enroll in VA healthcare and was advised that his SSN was incorrect.
3. The applicant provides an SSN card and two DD Forms 214.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military records are not available to the Board for review. However, there were sufficient documents provided by the applicant for the Board to conduct a fair and impartial review of this case.
3. The DD Form 214 for the period ending 4 February 1972 shows he entered active duty as an Army National Guard Soldier on 26 December 1971. He was discharged from active duty on 4 February 1972. The DD Form 214 for this period shows the last four digits of his SSN as 7365.
4. He provided a DD Form 214 (Report of Separation from Active Duty) showing U.S. Navy service for the period 27 September to 7 October 1976. This form shows the last four digits of his SSN as 1365.
5. The copy of the social security card he provides shows the last four digits of his SSN as 1365.
DISCUSSION AND CONCLUSIONS:
1. The applicant provides a copy of a social security card and a DD Form 214 for the period ending 7 October 1976 showing the last four digits of his SSN as 1365. The last four digits of the SSN on the DD Form 214 for the period ending 4 February 1972 shows the last four digits of his SSN as 7365. However, because his Army records are not available, it is not possible to determine with certainty what SSN was used during his Army service.
2. 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. There is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to have his military records changed to show the SSN on the social security card he provided, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his Official 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 the SSN he now uses.
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) AR20110020233
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ABCMR Record of Proceedings (cont) AR20110020233
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