BOARD DATE: 3 May 2012
DOCKET NUMBER: AR20110022034
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 (Report of Separation from Active Duty) to show his social security number (SSN) as XXX-XX-XX62 vice XXX-XX-XX64.
2. He states his SSN is wrong on his DD Form 214.
3. The applicant provides:
* DD Form 4 (Enlistment Contract-Armed Forces of the United States)
* DD Form 214
* DA Form 2-1 (Personnel Qualification Record, Part I)
* a memorandum from the Social Security Administration (SSA)
* 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 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 enlisted in the Regular Army (RA) on 13 April 1973. Item 1 (Remarks) of his DD Form 4 shows his SSN as XXX-XX-XX64.
3. His Official Military Personnel File (OMPF) contains a DD Form 1584 (National Agency Check Request), dated 19 April 1973, and a DD Form 398 (Statement of Personal History), which show his SSN as XXX-XX-XX64. On
4 April 1973, the applicant signed the DD Form 398 in the appropriate place acknowledging this was his correct SSN.
4. His OMPF contains a DA Form 2-1 (Personnel Qualification Record), Part I, which was prepared during his period of RA service and various reassignment, award, and separation orders that show this SSN as XXX-XX-XX64.
5. On 7 April 1976, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation. Item 3 (SSN) of his DD Form 214 shows his SSN as
XXX-XX-XX64. He authenticated this form with his signature.
6. He submitted a copy of an undated DA Form 2-1 that appears to have been prepared when he was in a Reserve status, social security card, and a printout from the SSA, dated 9 February 2012, which show his SSN as XXX-XX-XX62.
7. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. The regulation then in effect provided that the Soldier's SSN would be entered in item 3 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. All of the documents in the applicant's OMPF show he used SSN
XXX-XX-XX64 when he served in an active duty status.
2. The applicant now claims the SSN that is listed on his DD Form 214 is incorrect; however, he failed to provide an official explanation from the SSA or any other source that explains the reason for the issuance or use of two different SSN's.
3. The DA Form 2-1 that he provided shows SSN XXX-XX-XX62 and it appears this document was prepared when he was in a Reserve status. The evidence in his OMPF does not show he used this SSN when he served in an active duty status. For historical purposes, the Army has an interest in maintaining the integrity 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.
4. The applicant is advised that a copy of this decisional document will be filed in his OMPF. This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his OMPF and documents the requested SSN.
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) AR20110022034
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110022034
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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