IN THE CASE OF:
BOARD DATE: 31 May 2012
DOCKET NUMBER: AR20110024930
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 the Social Security Number (SSN) listed in his military service record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he does not know why his SSN is wrong in his records.
3. The applicant provides a copy of his SSN card and Department of Veterans Affairs identification 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. The applicant enlisted in the Regular Army on 29 January 1973. The
DD Form 4 (Enlistment Contract-Armed Forces of the United States) he was issued documenting this enlistment lists the SSN he now claims is incorrect in item 1 (Service No./SSAN). He served on active duty for 5 months and 3 days until 18 September 1973, at which time he was discharged under honorable conditions. The DD Form 214 he was issued at the time lists the SSN he now claims is incorrect.
3. The applicants DA Form 20 (Enlisted Qualification Record), which was reviewed and signed by the applicant on 1 February 1973, lists the SSN he now claims is incorrect in item 1 (Name and Service Number). All documents and orders contained in the applicants Military Personnel Records Jacket (MPRJ) contain the SSN that he claims is incorrect.
4. The applicant provides an SSN card he claims is now his correct SSN and is different than the one listed throughout his military records.
5. 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 20 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 applicant's request that his record and DD Form 214 be corrected to reflect the SSN contained on his SSN card has been carefully considered. However, it is clear the applicant's active duty service was performed under the SSN recorded in his military records that he now claims was in error.
2. 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.
3. 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) AR20110024930
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110024930
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120011524
Application for correction of military records (with supporting documents provided, if any). Therefore, the SSN listed in the applicant's military records should not be changed at this time. ABCMR Record of Proceedings (cont) AR20120011524 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120011524 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2012 | 20120004523
Application for correction of military records (with supporting documents provided, if any). The applicant states the correct SSN is listed in his military personnel records; however, it is wrong on his DD Form 214. Therefore, the SSN listed in the applicant's military records should not be changed at this time.
ARMY | BCMR | CY2011 | 20110022124
The applicant requests correction of the Social Security Number (SSN) listed in his military service record and DD Form 214 (Report of Separation from Active Duty). All documents and orders contained in the applicants Military Personnel Records Jacket, other than his initial DD Form 4, that contain an SSN list the one he now claims is incorrect. However, it is clear the applicant's active duty service was performed under the SSN recorded in his military records that he now claims was in error.
ARMY | BCMR | CY2011 | 20110015110
The applicant's DA Form 2-1 (Personnel Qualification Record) prepared upon his entry on active duty lists the SSN the applicant claims is incorrect in item 2 (SSN). The orders and documents in the applicant's military personnel records jacket (MPRJ) that contain an SSN list the same SSN that is entered on the DD Form 4 and DA Form 2-1. The DD Form 214 he was issued at the time contains the SSN listed throughout his military record.
ARMY | BCMR | CY2012 | 20120010775
Application for correction of military records (with supporting documents provided, if any). Therefore, the SSN listed in the applicant's military records should not be changed at this time. ABCMR Record of Proceedings (cont) AR20120010775 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120010775 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2011 | 20110023916
Application for correction of military records (with supporting documents provided, if any). The evidence of record confirms the applicant entered, served and was separated under the SSN he now claims is incorrect. Therefore, the SSN listed in the applicant's military records should not be changed at this time.
ARMY | BCMR | CY2012 | 20120001637
Application for correction of military records (with supporting documents provided, if any). Therefore, the SSN listed in the applicant's military records should not be changed at this time. _______ _ __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.
ARMY | BCMR | CY2012 | 20120005521
Application for correction of military records (with supporting documents provided, if any). All orders and other documents on file in the applicants Military Personnel Records Jacket (MPRJ) that contain a DOB and/or SSN list those that are listed on his DA Form 20. Therefore, the SSN and DOB listed in the applicant's military records should not be changed at this time.
ARMY | BCMR | CY2012 | 20120000126
Application for correction of military records (with supporting documents provided, if any). The applicants record contains a DD Form 4 (Enlistment Contract Armed Forces of the United States) prepared on 9 August 1974 and a DA Form 2-1 (Personnel Qualification Records) prepared on 14 August 1974 that list his SSN using the number he now claims is incorrect (xxx-xx-x44x). Therefore, the SSN listed in the applicant's military records should not be changed at this time.
ARMY | BCMR | CY2012 | 20120003904
Application for correction of military records (with supporting documents provided, if any). The applicant's records contain various personnel documents that reflect the same SSN listed on his DD Form 214. Therefore, the SSN listed in the applicant's military records should not be changed at this time.