IN THE CASE OF:
BOARD DATE: 10 May 2012
DOCKET NUMBER: AR20110022890
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 records to reflect the last digit of his social security number (SSN) as "8."
2. The applicant states that his records incorrectly reflect the last digit of his SSN as "7" instead of "8."
3. The applicant provides a copies of his social security card showing the last digit of his SSN as "8," his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), and his claim for benefits to 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 enlisted in the Regular Army in Seattle, Washington, on 8 January 1962 for a period of 3 years. At the time of his enlistment he was issued an Army service number and his records were prepared to reflect his SSN containing the numeral "7" as the last digit.
3. He completed his training and was transferred to Germany. On 24 August 1964, he was honorably discharged for the purpose of immediate reenlistment. He completed 2 years, 7 months, and 16 days of active service and his DD Form 214 issued at the time of his discharge shows his SSN containing the numeral "7" as the last digit.
4. He reenlisted on 25 August 1964 for a period of 6 years and a reenlistment bonus.
5. On 15 November 1965, he was discharged pursuant to a duly-affirmed general court-martial conviction with a bad conduct discharge. He completed 2 years, 11 months, and 23 days of total active service and had 319 days of lost time due to confinement. His DD Form 214 issued at the time of his discharge reflects his SSN containing the numeral "7" as the last digit.
6. On 1 July 1969, the Army discontinued the issuance and use of the Army service number and began using the SSN for identification. Prior to 1 July 1969, service members were not required to maintain an SSN in their records; however, they were usually recorded when provided by the individual Soldier.
7. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant's SSN at the time of his discharge contained the numeral "7" as the last digit. There is no evidence of record or independent evidence that suggests his military records exhibit a material error or injustice. The applicant has offered no explanation as to the difference in the SSN he used at the time he served in the military and the SSN he currently uses.
2. 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. 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 that the applicant desires to now record his current SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his official military personnel file (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have his current SSN documented in his OMPF.
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) AR20110022890
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ABCMR Record of Proceedings (cont) AR20110022890
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