IN THE CASE OF:
BOARD DATE: 10 July 2012
DOCKET NUMBER: AR20120001834
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 (Report of Separation from Active Duty) to show his social security number (SSN) as indicated on his social security card.
2. The applicant states he was issued a corrected SSN while still on active duty.
3. The applicant provides copies of:
* DD Form 214
* Department of the Veterans Affairs (VA) Benefits Letter, dated 15 November 2011
* VA Claim Letter, dated 15 November 2011
* VA Statement in Support of Claim, dated 18 November 2011
* Official Report of Test Results for the General Educational Development (GED) dated 9 February 2009
* Social Security Card
* State of Mississippi Birth Certificate issued on 22 April 1997
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. His DD Form 4 (Enlistment Contract-Armed Forces of the United States) shows that on 31 July 1974 the applicant enlisted in the Regular Army using an SSN ending in 0211.
3. A DD Form 398 (Statement of Personal History) indicates the applicant's SSN as ending in 0211.
4. His DA Form 2 (Personnel Qualification Record - Part I) prepared on 29 April 1977 shows his SSN as ending in 0211.
5. His DA Form 2-1 (Personnel Qualification Record - Part II) signed and reviewed by the applicant on 1 March 1976 indicates his SSN as ending in 0211.
6. The applicant's DD Form 214 effective 29 July 1977, shows his SSN as ending in 0211. This form bears the signature of the applicant.
7. Orders, Office of the Adjutant General, Reserve Components Personnel and Administration Center, dated 25 June 1980, discharged the applicant from the Ready Reserve using his SSN ending in 0211.
8. The report of GED test results provided by the applicant shows that the date of his tests were on 18 August 1977, about a month after his release from active duty. This report, as reported in 2009, shows a different SSN for the applicant that he now wants shown on his DD Form 214.
9. The Social Security Card provided by the applicant shows a different SSN than the number he used during his period of active duty service.
10. Army Regulation 635-5 (Separation Documents) as then in effect, required the SSN to be entered in Item 3 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his SSN as indicated on his social security card.
2. The evidence of record clearly shows that the applicant enlisted in the U.S. Army, served on active duty, and was subsequently discharged, all while using the SSN indicated on essentially all documents in his military records. Furthermore, he was still using this same SSN at the time of his discharge in 1980 from the U.S Army Reserve.
3. 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.
4. The applicant is advised that a copy of this decisional document will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in his current SSN and the one recorded in his military record, and to satisfy his desire to have his current SSN documented in his record.
5. In view of the above, the applicants request should be denied.
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) AR20120001834
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120001834
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