IN THE CASE OF:
BOARD DATE: 3 May 2012
DOCKET NUMBER: AR20110022524
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 "0XX-XX-XXXX," not "4XX-XX-XXXX."
2. The applicant states he needs his DD Form 214 corrected because it has become a problem for him in obtaining Department of Veterans Affairs benefits.
3. The applicant provides a copy of his DD Form 214.
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. After having had prior service, the applicant enlisted in the Regular Army on 13 August 1964.
3. His record contains, in part:
a. a DD Form 398 (Statement of Personal History), dated 9 August 1964, which does not indicate an SSN on the form;
b. a DD Form 4 (Enlistment Record Armed Forces of the United States) which does not indicate an SSN on the form;
c. a DA Form 41 (Record of Emergency Data), signed by the applicant and last reviewed on 17 September 1965, that shows the entry "4XX-XX-XXXX" in item 9 (SSN); and
d. a DA Form 20 (Enlisted Qualification Record), dated 20 October 1966, which does not indicate an SSN on the form.
4. He was honorably discharged on 25 July 1967 as an overseas returnee. His DD Form 214 the entry "4XX-XX-XXXX" in item 3 (SSN).
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation established standardized policy for preparation of the DD Form 214. At the time of the applicant's separation, the instructions stated to verify the accuracy of the Soldier's SSN with the SSN of record.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms there is only one document containing the applicant's SSN during his service in the Regular Army. This SSN was entered on his DD Form 214. There is insufficient evidence to show an error exists or as a basis for changing the SSN shown on his DD Form 214.
2. 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 desires to now record his current SSN on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. He is advised that a copy of this decisional document will be filed in his official military personnel file. This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded on his DD Form 214 and to satisfy his desire to have his current SSN documented.
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) AR20110022524
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ABCMR Record of Proceedings (cont) AR20110022524
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