IN THE CASE OF:	  

		BOARD DATE:	    19 April 2012

		DOCKET NUMBER:  AR20110020327 


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 (Report of Separation from Active Duty) for the period ending 22 March 1977 to show his social security number (SSN) as "xxx-xx-xxx9" instead of "xxx-xx-xxx4."

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

3.  The applicant provides a copy of a social security card and a statement from the Social Security Administration (SSA).

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.  In connection with his enlistment in the U.S. Army Reserve (USAR), the applicant completed a DD Form 398 (Statement of Personnel History) and listed his "SSN" as "xxx-xx-xxx4" (the number "4" in the ninth digit).  He authenticated this form by placing his signature in the appropriate block.

3.  He enlisted in the USAR on 7 November 1974.  Item 1 (SSN) of his DD Form 4 (Enlistment Contract) shows his SSN as "xxx-xx-xxx4."  He also authenticated this form by placing his signature in the appropriate block.

4.  He entered active duty for training (ADT) on 17 April 1975 and he was honorably released from ADT on 14 August 1975.  Item 3 (SSN) of his DD Form 214 for this period of service shows his SSN as "xxx-xx-xxx4."  He also authenticated this form by placing his signature in the appropriate block.

5.  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 DD Form 4. He reviewed this form and authenticated it by placing his signature in the appropriate block.

6.  He entered active duty on 11 March 1976 and he served at Fort Campbell, KY.  

7.  His records contain various personnel and medical documents, including reassignment, award, and separation orders; security termination statement, physical and mental status evaluation, DD Form 1584 (National Agency Check Request); fingerprints card, life insurance election certificate, a record of emergency data, and multiple Records of proceedings under Article 15, wherein he listed his SSN or his SSN was listed as "xxx-xx-xxx4."  He authenticated several of these documents by placing his signature in the appropriate block.

8.  He was discharged from active duty on 22 March 1977.  Item 3 (SSN) of his DD Form 214 for this period of service shows his "SSN" as "xxx-xx-xxx4."  He authenticated this form with his signature.

9.  He submitted a copy of a social security card and a statement from the SSA, both of which contain his name and the SSN of "xxx-xx-xxx9" (the number "9" in the ninth digit).  

10.  Army Regulation 635-5 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.  In pertinent part 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 the applicant enlisted in the USAR on 7 November 1974 using SSN "xxx-xx-xxx4."  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.  He did not use the requested SSN during the time he served in an active duty status.

2.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  In this regard, the information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed.  Therefore, in the absence of convincing independent and verifiable evidence to the contrary, it is presumed his SSN is correct and there is an insufficient evidentiary basis for changing his records at this time. 

3.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct 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 requested SSN documented in his OMPF.

4.  Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, was 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)                                         AR20110020327





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ABCMR Record of Proceedings (cont)                                         AR20110020327



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