BOARD DATE: 12 June 2012
DOCKET NUMBER: AR20110024781
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 (Certificate of Release or Discharge from Active Duty) to show his Social Security Number (SSN) as xx6-23-xxx5.
2. The applicant states, in effect, there was a misprint on his DD Form 214.
3. The applicant provides:
* DD Form 214
* SSN 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. On 21 January 1981, the applicant enlisted in the Regular Army. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 73C (Finance Specialist). The highest rank he attained while serving on active duty was specialist four/E4.
3. The applicants DD Form 214 shows he was honorably released from active duty on 18 January 1985. Item 3 (Social Security Number) contains the entry xx3-34-xxx9. He authenticated the form by placing his initials in item 21 (Signature of Member Being Separated) of his DD Form 214.
4. The applicant provides a copy of his SSN card which shows his SSN as xx6-23-xxx5
5. The applicants DA Form 2-1 (Personnel Qualification Record) that was created upon entering the Army shows his SSN as xx3-34-xxx9 which is the same SSN as that shown on his DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) and DD Form 1966 (Record of Military Processing Armed Forces of the United States).
6. His record contains various personnel and medical documents, reassignment orders, separation orders, promotion orders, and a VA Form 29-8286 (Services Group Life Insurance Election), that show his SSN as xx3-34-xxx9.
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 establishes standardized policy for the preparation of the DD Form 214. It states that the complete name and SSN of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his military records should be corrected to show his SSN as xx6-23-xxx5 was carefully considered and determined to lack merit.
2. The evidence of record shows his SSN appeared as xx3-34-xxx9 on all documents in his Official Military Personnel File (OMPF) during his period of military service. He authenticated his DD Form 214 by placing his initials in the appropriate block.
3. Based on his SSN card, his SSN is xx6-23-xxx5, however, it is not the SSN he used when he served on active duty, and this does not change the conditions and circumstances that existed at the time his service records were created.
4. 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.
5. 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 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.
ABCMR Record of Proceedings (cont) AR20110024781
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ABCMR Record of Proceedings (cont) AR20110024781
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