IN THE CASE OF:	  

		BOARD DATE:	  24 April 2012

		DOCKET NUMBER:  AR20110021953 


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 "XXX-XX-8321."

2.  The applicant states he was issued two SSN's and the one on his DD Form 214 is wrong.  The SSN shown on his official verification from the Social Security Administration is his correct SSN.

3.  The applicant provides his DD Form 214, social security card, and an SSN printout from the social security administration.

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 records show he enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) on 16 February 1978.  His DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United Stated), dated 16 February 1978, shows his name as S____ D____ T____ and his SSN as XXX-XX-7762.  He authenticated this form by placing his signature in the appropriate block.

3.  He was released from the DEP on 13 March 1978 for enlistment in the Regular Army.  His DD Form 1666 (Application for Enlistment – Armed Forces of the United States), dated 13 March 1978, shows his name as S____ D____ T____ and his SSN as XXX-XX-7762.  Item 23a (Name as Shown on Birth Certificate) of this form shows the name S____ D____ M____.

4.  He enlisted in the Regular Army (RA) on 14 March 1978.  His DD Form 4c (Enlistment or Reenlistment Agreement (Continuation Sheet)), dated 14 March 1978, shows his name as S____ D____ T____ and his SSN as XXX-XX-7762.  He authenticated this form by placing his signature in the appropriate block.

5.  His DA Form 2-1 (Personnel Qualification Record) which was created upon his entry on active duty shows his name as S____ D____ T____ and his SSN as XXX-XX-7762.  He authenticated this document by placing his signature in the appropriate block.

6.  His records contain numerous documents including DA Forms 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice), Veterans Administration (VA) Form 29-8286 (Servicemen's Group Life Insurance Election), assignment orders, and various other orders that all show his name as S____ D____ T____ and his SSN as XXX-XX-7762.  He authenticated many of these forms by placing his signature in the appropriate block.

7.  Orders 27-56, Headquarters, U.S. Army Armor Center, Fort Knox, KY, dated 10 February 1981, reassigned him to the U.S. Army Separation Transfer Point with a separation date of 5 April 1981.  These orders show his name as S____ D____ T____ and his SSN as XXX-XX-7762.

8.  He was honorably released from active duty on 5 April 1981 and transferred to the U.S. Army Reserve.  The DD Form 214 he was issued shows the following entries:

* item 1 (Name) – T____, S____ D____
* item 3 (SSN) – XXX-XX-7762
* item 18 (Remarks) – "Other Name of Record:  S____ D____ M____"

9.  The applicant provides an SSN printout from the Social Security Administration, dated 5 August 2011, that states its "records indicate that SSN 
XXX-XX-8321 is assigned to S____ D____ M____."

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was assigned two different SSN's and wants his DD Form 214 corrected to show his SSN as XXX-XX-8321.  It appears he was assigned the SSN XXX-XX-7762 under the name S____ D____ T____ and the SSN XXX-XX-8321 under the name S____ D____ M____.

2.  The evidence of record shows the applicant declared his name as S____ D____ T____ and his SSN as XXX-XX-7762 upon his enlistment in the Regular Army on 14 March 1978.  This name and SSN is consistent with the name and SSN he used in various documents throughout his military service.  He authenticated numerous documents by placing his signature in the appropriate place indicating his SSN was correct.  He did not use the SSN he now claims is correct during his military service.

3.  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 the SSN he currently uses in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

4.  In view of the foregoing, there is an insufficient evidentiary basis for granting his 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 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)                                         AR20110021953



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ABCMR Record of Proceedings (cont)                                         AR20110021953



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