IN THE CASE OF:	

		BOARD DATE:	  5 April 2012

		DOCKET NUMBER:  AR20110020423 


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 the Social Security Number (SSN) documented in her military records and on her DD Form 214 (Certificate of Release or Discharge from Active Duty).  

2.  The applicant states the SSN in her record and on her DD Form 214 are incorrect.  

3.  The applicant provides a Social Security Administration (SSA) letter and marriage certificate in support of the application.  

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's record shows she enlisted in the Regular Army on 14 August 1979.  The DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States) prepared for this enlistment lists the SSN the applicant now claims is incorrect in item 2 (SSN).  The applicant signed this document in items 16a and 16b (Signature of Applicant/Enlistee).  All other documents prepared during this enlistment processing that listed an SSN show the number the applicant now claims is incorrect.  

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) prepared upon her entry on active duty lists the SSN the applicant claims is incorrect in item 2 (SSN).  The applicant signed this document in item 34 (Signature), on 16 August 1979, and she last reviewed the document on 19 January 1982.  The orders and documents in the applicant's military personnel records jacket (MPRJ) that contain an SSN lists the same SSN that is entered on the DD Form 4 and DA Form 2-1.  

4.  On 13 August 1982, the applicant was honorably released from active duty in the rank/pay grade of specialist four/E-4, after completing 3 years of creditable active military service.  The DD Form 214 she was issued at the time contains the SSN listed throughout her military record.  The record also contains Orders D-04-028242 issued by the U.S. Army Reserve Personnel Center on 25 April 1985 which directed the applicant’s discharge from the U.S. Army Reserve.  These orders list the SSN contained throughout the applicant’s military record in the standard name line.  

5.  On 3 January 1986, the applicant again enlisted in the RA.  The DD Form 4 prepared to document this enlistment lists the same SSN the applicant enlisted, served, and was separated under during her first enlistment.  

6.  On 9 December 1988, the applicant was honorably discharged after completing a total of 5 years, 11 months, and 7 days of active military service.  The DD Form 214 she was issued at the time contains the SSN listed throughout her military record.

7.  The applicant provides a letter from the SSA administration that indicates the applicant has always had an SSN that differs from the one recorded in her military records.  



8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time of the applicant's separation stated the 
DA Form 2-1 and documents on file in the MPRJ were the primary sources for information for entries on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that her record and DD Form 214 be corrected to reflect the SSN contained in the letter from the SSA she provides has been carefully considered.  However, it is clear the applicant's active duty service was performed under the SSN that she now claims is in error.

2.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  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, the SSN listed in the applicant's military records should not be changed at this time.

3.  This Record of Proceedings will be filed in her military record in order to provide clarity and to deal with any confusion that may arise regarding the difference in the SSN under which she performed her military service and was separated vice the SSN she indicates she now uses.  Filing the Board's decisional document will also guarantee the historical integrity of the applicant's military record.

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)                                         AR20110020423



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ABCMR Record of Proceedings (cont)                                         AR20110020423


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