BOARD DATE:	  1 May 2012

		DOCKET NUMBER:  AR20110022124 


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 the Social Security Number (SSN) listed in his military service record and DD Form 214 (Report of Separation from Active Duty).  

2.  The applicant states the Social Security Administration (SSA) issued the same SSN to two people and his was ultimately changed to the one on the SSN card he provides.  He states he is refinancing his current home mortgage and this information needs to be corrected.  

3.  The applicant provides the following documents in support of the application:

* DD Form 214
* VA (Department of Veterans Affairs) Certificate of Eligibility, dated          25 March 1985
* Honorable Discharge Certificate
* Birth Certificate Card
* SSN 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 initially enlisted in the Regular Army on 30 June 1970.  The 
DD Form 4 (Enlistment Contract-Armed Forces of the United States) he was issued documenting this enlistment contains a temporary identification number.  He served on active duty for 1 year, 11 months, and 27 days until 26 June 1972, at which time he was honorably discharged for the purpose of immediate reenlistment.  The DD Form 214 he was issued at the time lists the SSN he now claims is incorrect.  

3.  The applicant’s DA Form 2-1 (Personnel Qualification Record), prepared on 
15 October 1974 and last reviewed and signed by the applicant on 23 October 1974, lists the SSN he now claims is incorrect in item 2 (SSN).  All documents and orders contained in the applicant’s Military Personnel Records Jacket, other than his initial DD Form 4, that contain an SSN list the one he now claims is incorrect.  

4.  On 26 June 1975, the applicant was honorably released from active duty (REFRAD) and transferred to the United States Army Reserve (USAR).  The 
DD Form 214 he was issued lists the SSN he now claims is incorrect in item 3 (Social Security Number).  

5.  The applicant’s MPRJ also contains Headquarters, First United States Army Orders 33-72, dated 17 August 1976, which directed the applicant’s discharge from the USAR on 17 August 1976.  These orders list the SSN the applicant now claims is incorrect in the standard name line.  

6.  The applicant provides an SSN card containing what he claims is now his correct SSN which is different than the one contained throughout his military records.  

7.  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 regulation in effect at the time of the applicant's separation stated the 
DA Form 2-1 and documents on file in the MPRJ were the primary sources for information for entries on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his record and DD Form 214 be corrected to reflect the SSN contained on his SSN card 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 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)                                         AR20110022124



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110022124



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1