IN THE CASE OF:
BOARD DATE: 12 July 2012
DOCKET NUMBER: AR20120001637
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 Social Security Number (SSN) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the eighth digit as 7 instead of 2.
2. The applicant states, in effect, his SSN is wrong on his DD Form 214.
3. The applicant provides a copy of his SSN card and drivers license.
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 20 April 1966, the applicant was inducted into the Army of the United States. He was honorably discharged on 25 April 1966 for the purpose of enlisting in the Regular Army on 26 April 1966. He completed training and was awarded military occupational specialty (MOS) 68F (Aircraft Electrician).
3. The applicants record contains a DD Form 3027 (US Army Request for National Agency Check) prepared on 5 May 1966, a DA Form 20 (Enlisted Qualification Record) prepared on 4 September 1968, and a DD Form 398 (Statement of Personal History) prepared on 20 April 1966 that list the eighth digit of his SSN as "2."
4. The applicants DD Form 214 shows he was honorably released from active duty in the rank of specialist five/E-5 on 25 April 1969. Item 3 (SSN) of the applicants DD Form 214 lists the eighth digit of his SSN as "2."
5. The applicant provides a copy of his SSN card and drivers license which shows the eighth digit of his SSN as "7."
6. 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 applicants request to correct the SSN listed on his DD Form 214 has been carefully considered. However, there is insufficient information to support this claim.
2. The evidence of record confirms the applicant entered, served and was separated from active duty using the SSN he 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 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) AR20120001637
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120001637
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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