IN THE CASE OF:
BOARD DATE: 26 April 2012
DOCKET NUMBER: AR20110021383
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) as "XXX-XX-XX2X."
2. The applicant states the SSN on his social security card is different than the SSN on his DD Form 214.
3. The applicant provides copies of his DD Form 214 and social security card in support of his 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 he was inducted into the Army of the United States on 28 September 1966. His DD Form 47 (Record of Induction) does not list an SSN. The military service number (MSN) was the primary identification number used for members of the Armed Forces at the time the applicant was inducted.
3. The applicant's DA Form 20 (Enlisted Qualification Record) lists an MSN and an SSN in item 1 (Name and Service Number). The SSN listed in item 1 is the SSN the applicant now claims is incorrect. The orders and documents in the applicant's Military Personnel Records Jacket that contain an SSN, with the exception of one document, list the SSN the applicant now claims is incorrect. These documents include court-martial orders and prisoner records.
4. Headquarters, Fort Leavenworth, Fort Leavenworth, Kansas, Special Orders Number 136, dated 8 July 1969, directed the applicant's release from active duty on 8 July 1969. The SSN the applicant now claims is incorrect is listed in the standard name line (SNL) of these orders.
5. On 8 July 1969, the applicant was honorably released from active duty in the rank/pay grade of private/E-1 after completing 2 years and 11 days of creditable active military service and accruing 273 days of lost time due to confinement. The DD Form 214 he was issued at the time contains the SSN he now claims is incorrect.
6. The applicant's record also contains Letter Orders Number 08-1320605 issued by the U.S. Army Reserve Components Personnel and Administration Center on 23 August 1972 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 SNL which he now claims is incorrect.
7. There is no indication the applicant attempted to correct his SSN at any time during his military service.
8. The applicant provides a copy of his social security card which lists the SSN he now claims is correct which differs from the one recorded in his military records.
9. 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 DA Form 20 was the primary record source for information for entries on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to reflect the SSN contained on the social security card he provides has been carefully considered. However, it is clear the applicant's active duty service was performed under the SSN recorded in his military records that he now claims was 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 his military record in order to provide clarity and to deal with any confusion that may arise regarding the difference in the SSN under which he performed his military service and was separated vice the SSN he indicates he 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 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) AR20110021383
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ABCMR Record of Proceedings (cont) AR20110021383
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