IN THE CASE OF:
BOARD DATE: 22 May 2012
DOCKET NUMBER: AR20110023613
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 his social security number (SSN) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 May 1985 be corrected.
2. The applicant states his recruiter wrote the incorrect SSN on his entry paperwork.
3. The applicant provides a printout from the Social Security Administration, dated 4 November 2011.
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. He enlisted in the U.S. Army Reserve Delayed Entry/Enlistment Program (DEP) on 6 October 1983. The SSN shown on his DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) is the same SSN currently shown on his DD Form 214.
3. He enlisted in the Regular Army on 1 November 1983 for a period of 3 years.
4. The following documents in his Military Personnel Records Jacket (MPRJ) contain the same SSN as shown on his DD Form 214 and his signature authenticating the information:
* DD Form 93 (Record of Emergency Data), dated 19 April 1984
* VA Form 29-8286 (Servicemen's Group Life Insurance Election), dated
19 April 1984
* two DA Forms 428 (Application for Identification Card), dated
11 December 1984 and 14 March 1985
* DA Form 2-1 (Personnel Qualification Record), last reviewed on 4 January 1985
5. All other documents in his MPRJ reflect, where required, the same SSN as shown on his DD Form 214.
6. On 31 May 1985, he was discharged. He completed 1 year and 7 months active service that was characterized as under honorable conditions. The SSN shown on his DD Form 214 is the same SSN that is shown throughout his MPRJ.
7. The printout he provided from the Social Security Administration states their records show him with an SSN other than the SSN shown on his DD Form 214.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. His MPRJ shows he enlisted and consistently used the SSN that is currently shown on his DD Form 214. When required by various documents, he
authenticated his SSN by signing in the appropriate blocks indicating it was his correct SSN.
2. In the absence of evidence to the contrary, it is presumed the SSN he used throughout his military service was correct. The printout from the Social Security Administration indicates the SSN he is now assigned. However, this is insufficient to change the SSN under which he served his military service.
3. 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. There is a reluctance to recommend that those records be changed.
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) AR20110023613
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110023613
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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