BOARD DATE: 24 May 2012
DOCKET NUMBER: AR20110023916
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 item 3 (Social Security Number) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he was given his social security number (SSN) at birth and it is not the SSN listed on his DD Form 214.
3. The applicant provides a copy of his SSN card in support of his application.
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 record shows after serving in the United States Army Reserve (USAR) the applicant initially enlisted in the Regular Army on 28 August 1978, and was trained in and awarded military occupational specialty (MOS) 64C (Motor Transport Operator). It further shows he reenlisted for six years on 2 September 1983. His record contains a DD Form 4 (Enlistment/Reenlistment Document-Armed Force of the United States) documenting his 1983 reenlistment. It lists his SSN using the number he now claims is incorrect in item 2 (SSN).
3. The applicants record contains DA Forms 2-1 (Personnel Qualification Records) prepared on 6 February 1982 and 23 August 1984. Both DA Forms 2-1 list his SSN using the number he now claims is incorrect in item 2 (SSN). All documents and orders on file in his Military Personnel Records Jacket that list a SSN, list the one he now claims is incorrect.
4. The applicants DD Form 214, as amended by a DD Form 215 (Correction to DD Form 214), dated 5 April 1985, shows he was honorably discharged, in the rank of specialist/E-4 on 28 December 1984, after completing a total of 3 years, 4 months, and 1 days of active military service. The SSN listed in item 3 of the
DD Form 214 lists the number he now claims is incorrect.
5. The applicant provides a social security card containing the SSN he now claims is correct.
6. 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 applicants request to correct the SSN listed in his record and on his
DD Form 214 has been carefully considered. However, there is insufficient information to support this claim.
2. The evidence of record confirms the applicant entered, served and was separated under the SSN he now claims is incorrect. As a result there is an insufficient evidentiary basis to support granting the requested relief.
3. 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.
4. 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) AR20110023916
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