BOARD DATE: 19 April 2012
DOCKET NUMBER: AR20110021490
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 indicated on his Social Security Card.
2. The applicant states the wrong SSN is shown on his DD Form 214. He contends that the SSN he now claims as being correct has always been his SSN.
3. The applicant provides copies of his DD Form 214 and his Social Security Card.
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. DD Form 47 (Record of Induction) shows in block 2 (Service Number), dated 8 September 1969, shows two SSN. The upper SSN is the number the applicant now claims as being correct, but it was lined through and replaced by another SSN directly below it.
3. On 24 September 1969, the applicant was inducted into the Army of the U.S. using the replaced SSN shown on the DD Form 47 discussed above.
4. A review of the applicant's military records revealed that every document requiring the entry of an SSN used the same SSN as shown on the DD Form 47.
5. On 20 August 1971, the applicant was released from active duty and transferred to the US Army Reserve. He had attained the rank of specialist four, pay grade E-4 and had completed 1 year, 10 months, and 27 days of creditable active duty service.
6. Item 3 (SSN) of the applicant's DD Form 214 shows the same SSN indicated as correct on his DD Form 47.
7. Army Regulation 635-5 (Separation Documents), then in effect, required the SSN to be entered in item 3 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his SSN as indicated on his Social Security Card.
2. The evidence of record shows the applicant was inducted into the Army of the United States using the SSN indicated on his DD Form 47. This same number was used throughout his entire period of active duty service.
3. It appears that the SSN the applicant now claims as being correct, was known at the time; but, it was deliberately not used in lieu of another SSN.
4. 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.
5. In view of the above, the applicant's request should be denied.
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) AR20110021490
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110021490
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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