BOARD DATE: 24 April 2012
DOCKET NUMBER: AR20110021134
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 (Certificate of Release or Discharge from Active Duty) to show his Social Security Number (SSN) as shown on his Social Security card.
2. The applicant states:
* His SSN was listed incorrectly and was not noticed until he was released
* His SSN is "xx4-xx-6xxx," not "xx6-xx-5xxx"
* He is attending college and needs his DD Form 214 corrected to receive a military discount
3. The applicant provides his:
* Social Security card
* DD Form 214
* Texas Driver License
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 enlisted in the Regular Army (RA) on 7 March 1984 for a period of 4 years. His DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) his SSN as "xx6-xx-5xxx." He completed his training and he was awarded military occupational specialty 13B (cannon crewmember). He was honorably released from active duty on 2 March 1988 under the Fiscal Year 1988 Early Transition Program. He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. He completed 3 years, 11 months, and 26 days of creditable active service.
3. Item 3 of his DD Form 214 he was issued at the time shows the entry
"xx6-xx-5xxx."
4. The applicant's DA Form 2-1 (Personnel Qualification Record) prepared on
8 March 1984 shows his SSN as "xx6-xx-5xxx." This forms shows the applicant, under his signature, last reviewed this form on 21 October 1986. Additionally, all other documents contained in his Official Military Personnel File (OMPF) bearing an SSN show the entry "xx6-xx-5xxx."
5. On 6 March 1990, he was honorably discharged from the USAR. His discharge orders show his SSN as "xx6-xx-5xxx."
6. He provided his Social Security card that shows his SSN as "xx4-xx-6xxx." His Texas Driver License does not contain an SSN.
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. 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 applicant contends the SSN shown on his DD Form 214 is incorrect and he provided his Social Security card to support this contention. However, the evidence of record shows the SSN of "xx6-xx-5xxx" was used when he enlisted in the RA in 1984, when he was released from active duty in 1988, and when he was discharged from the USAR in 1990.
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. 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 Armys records at this late date.
3. The applicant is advised that a copy of this decisional document, which confirms his correct SSN, will be filed in his 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 correct SSN documented in his OMPF.
4. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20110021134
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110021134
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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