IN THE CASE OF:
BOARD DATE: 7 June 2012
DOCKET NUMBER: AR20110024502
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) and Honorable Discharge Certificate to show his social security number (SSN) as "XXX-XX-3575."
2. The applicant states he thinks he mistakenly entered his SSN as
"XXX-XX-2575" on his records in 1967. He received a printout from the Social Security Administration (SSA) that shows his correct SSN. The Department of Veterans Affairs has his correct SSN.
3. The applicant provides his DD Form 214 and an SSA printout, dated 28 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 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's records show he enlisted in the Regular Army on 13 January 1967 and he held military occupational specialty 24D (Hawk Missile Launcher Mechanic).
3. His DA Form 20 (Enlisted Qualification Record) shows his SSN with the sixth digit as "2." He authenticated this form by placing his signature in the appropriate block on 19 January 1967 and reviewing this form at a later date.
4. His DA Form 873 (Certificate of Clearance and/or Determination Under Executive Order 10450), dated 28 April 1967, shows his SSN with the sixth digit as "2."
5. His DA Form 41 (Record of Emergency Data), dated 2 October 1967, shows his SSN with the sixth digit as "2." He authenticated this form by placing his signature in the appropriate block.
6. His records contain numerous personnel, finance, medical, and legal documents including a DA Form 1361 (Recommended Findings of Physical Evaluation Board), dated 21 November 1969, that show his SSN with the sixth digit as "2." He authenticated many of these forms by placing his signature in the appropriate blocks.
7. He retired from active duty due to physical disability on 30 March 1970 and he was placed on the Temporary Disability Retirement List the following day. He completed 3 years, 2 months, and 18 days of creditable active service.
8. Item 3 (SSN) of his DD Form 214 shows his SSN with the sixth digit as "2."
9. The applicant provides a printout from the SSA that verifies an individual with the same full name as the applicant was issued an SSN with the sixth digit as "3."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant's SSN was listed with the sixth digit as "2" on various documents during his period of military service. This SSN is consistent with the SSN he used on various documents. He authenticated many documents by placing his signature in the appropriate place indicating his SSN was correct. He did not use the SSN that he now claims is correct during his period of military service.
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 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. Therefore, there is an insufficient evidentiary basis for granting the requested relief.
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) AR20110024502
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110024502
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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