IN THE CASE OF:
BOARD DATE: 17 July 2012
DOCKET NUMBER: AR20120001710
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that the last four digits of his Social Security Number (SSN) are 9511.
2. The applicant states that he and his twin brother enlisted together and his brothers SSN was entered on his records and his SSN was entered on his brothers records.
3. The applicant provides a copy of his work record from the Social Security Administration showing his correct SSN.
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 with parental consent in Memphis, Tennessee on 9 September 1958 for a period of 3 years. At the time of his enlistment, he was issued a service number and his SSN was entered on his service record
(DA Form 24) as having the last four digits of 8172. That form is the only document in his official records containing his SSN.
3. He completed his training at Fort Chaffee, Arkansas and was transferred to Fort Devens, Massachusetts where he served until he was transferred to Germany on 23 February 1960. He was advanced to the pay grade of E-4 on 1 February 1961.
4. He departed Germany on 29 August 1961 for Fort Hamilton, New York where that date he was honorably released from active duty (REFRAD) as an overseas returnee. He had served 2 years, 11 months, and 21 days of active service and his DD Form 214, issued at the time of his REFRAD, reflects the SSN that he served his entire period of service under and contained the last four digits of 8172.
5. On 1 July 1969, the Army discontinued the issuance and use of the Army service number 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.
6. 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant's SSN at the time of his enlistment and his REFRAD contained the last four digits of "8172." There is no evidence of record or independent evidence that suggests his military records exhibit a material error or injustice.
2. For historical purposes, the Army has an interest in maintaining the integrity 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 that the applicant desires to now record his current 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 current 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 current SSN documented in his OMPF.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ __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) AR20120001710
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ABCMR Record of Proceedings (cont) AR20120001710
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