IN THE CASE OF:	  

		BOARD DATE:  7 June 2012

		DOCKET NUMBER:  AR20110024865 


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) to show his correct Social Security Number (SSN).

2.  The applicant states his DD Form 214 contains an incorrect SSN and he contacted the Social Security Administration regarding this error.

3.  The applicant provides:

* his DD Form 214
* his Social Security card
* a statement from the Social Security Administration (SSA), dated
15 December 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 enlisted in the Regular Army on 6 December 1968 for a period of 2 years.  At the time of his enlistment he was issued a military Service Number as his primary identification number.  All documents in his military record containing an SSN show the SSN that is contained on his DD Form 214.

3.  He completed his basic training at Fort Campbell, KY and his advanced individual training as a cannon crewman at Fort Sill, OK before being transferred to Vietnam on 22 May 1969.

4.  He departed Vietnam on 6 July 1970 and he was transferred to Fort Lewis, WA for separation processing.  On 8 July 1970, he was honorably released from active duty (REFRAD) and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completed 1 year, 7 months, and 3 days of total active service.  The SSN entered on his DD Form 214 matches the SSN recorded in military record and under which he served.

5.  The statement provided by the applicant from the SSA indicates the SSN contained on his DD Form 214 belongs to an 89 year old female who was born in North Carolina.  The SSA's statement further reflects the SSN that was issued to the applicant in 1970; however, that statement also contains two different SSNs.

6.  On 1 July 1969, the Army discontinued the issuance and use of the military SN and began using the SSN for identification.  Prior to 1 July 1969, service members were not required to maintain an SSN in their records; however, they were usually recorded when provided by the individual Soldier.

7.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.  Changes that occur subsequent to the date the DD Form 214 is issued are not authorized for entry on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  At the time the applicant enlisted in the Regular Army he provided the SSN that is contained on his DD Form 214 and he continued to maintain that SSN during his entire period of service.  Although the applicant has not provided any explanation as to why he served under that SSN, the SSN on his DD Form 214 is the one he served under.

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 Army’s 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 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)                                         AR20110024865



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ABCMR Record of Proceedings (cont)                                         AR20110024865



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