IN THE CASE OF:
BOARD DATE: 24 May 2012
DOCKET NUMBER: AR20110022893
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, in effect, 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 "xxx-8x-xxxx" instead of "xxx-4x-xxxx."
2. The applicant states the SSN is not his SSN and he needs to get it corrected for obvious reasons.
3. The applicant provides his DD Form 214 and 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 applicants 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 applicants 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 27 June 1969 for a period of 2 years.
3. His Official Military Personnel File (OMPF) contains a:
a. DD Form 4 (Enlistment Record Armed Forces of the United States) that shows a service number, not an SSN;
b. DA Form 41 (Record of Emergency Data), signed by the applicant, dated 23 June 1969, that shows in Item 9 (SSN) the entry "xxx-4x-xxxx";
c. VA Form 29-8286 (Servicemen's Group Life Insurance Election), signed by the applicant, dated 1 July 1969, that shows his SSN as "xxx-4x-xxxx";
d. DA Form 3082-R (Statement of Medical Condition), signed by the applicant on 24 July 1969, that shows his SSN as "xxx-4x-xxxx";
e. DA Form 664 (Serviceman's Statement Concerning Application For Compensation from the Veterans Administration), signed by the applicant, undated, that shows his SSN as "xxx-4x-xxxx"; and
f. DA Form 20 (Enlisted Qualification Record), signed by the applicant, prepared on 15 August 1969, that shows his SSN as "xxx-4x-xxx."
4. Special Orders Number 201, issued by Headquarters, U.S. Army Air Defense Center, Fort Bliss, TX, dated 11 September 1969, were issued to honorably discharge the applicant by reason of not meeting medical fitness standards at time of enlistment. These orders show his SSN as "xxx-4x-xxxx."
5. On 15 September 1969, he was discharged accordingly. Item 3 (SSN) of the DD Form 214 he was issued at the time shows his SSN as "xxx-4x-xxxx." He also authenticated his DD Form 214 with his signature.
6. He provides a copy of his Social Security Card that shows his SSN as
"xxx-8x-xxxx."
7. 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 the applicant enlisted in the RA under the SSN of "xxx-4x-xxxx." This SSN is consistent with the SSN shown on all documents contained in his military record.
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 applicant desires to now record his correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document, which confirms his correct SSN, will be filed in his 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 correct 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 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.
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