BOARD DATE: 21 June 2012
DOCKET NUMBER: AR20120000773
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as
"XXX-XX-0392."
2. The applicant states he would like his SSN amended to read "XXX-XX-0392."
3. The applicant provides an SSN printout from the Social Security Administration in support of his request.
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 record shows he enlisted in the Georgia Army National Guard (ARNG) on 12 July 1979. The DD Form 4 (Enlisted or Reenlistment Agreement Armed Forces of the United States) prepared to document his ARNG enlistment lists his SSN as "XXX-XX-3400." All documents prepared during his enlistment process contain the SSN "XXX-XX-3400."
3. On 24 September 1979, the applicant entered initial active duty for training (IADT). His DD Form 2-1 (Personnel Qualification Record) prepared on 25 September 1979 lists his SSN "XXX-XX-3400" in item 2 (SSN). All documents and orders in his Military Personnel Records Jacket (MPRJ) that list an SSN list the one he now claims is incorrect.
4. On 18 December 1979, the applicant was honorably released from active duty upon completion of IADT. His DD Form 214 lists his SSN as "XXX-XX-3400" in item 3 (SSN).
5. On 21 May 1982, the applicant was discharged from the ARNG. His National Guard Bureau Form 22 (Report of Separation and Record of Service) lists his SSN as "XXX-XX-3400" in item 3 (SSN).
6. The applicant provides an SSN printout from the Social Security Administration, dated 6 February 2009, that verifies the SSN "XXX-XX-0392" is assigned to him.
7. 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 applicant's request to correct the SSN shown on his DD Form 214 has been carefully considered. However, there is insufficient information to support his request.
2. The evidence of record confirms the applicant entered, served, and was released from active duty 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 official military personnel file 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 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 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.
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