IN THE CASE OF:
BOARD DATE: 31 July 2012
DOCKET NUMBER: AR20120002456
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as "xxx-xx-5265" (a completely different number) instead of "xxx-xx-9102."
2. The applicant states his SSN was changed after discharge.
3. The applicant provides his DD Form 214, an Application to Purchase Credit for Military Personnel, and a statement from the Social Security Administration (SSA).
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. In connection with his induction into the Army of the United States (AUS) the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his SSN as "xxx-xx-9102" (the contested SSN). He authenticated this form by placing his signature in the appropriate block.
3. His records show he was inducted into the AUS on 29 March 1971. His DD Form 47 (Induction Record) listed his service number; it did not list his SSN.
4. His contemporaneous DA Form 20 (Enlisted Qualification Record) which was created upon his induction lists his SSN as "xxx-xx-9102." He reviewed this form at a later date and placed his signature in the appropriate block.
5. His official records contain various documents, including the below documents, that list an SSN similar to the one listed on his DD Form 398. He authenticated some of these documents when it was appropriate by placing his signature in the appropriate block:
* Application for Identification Card
* Servicemen's Group Life Insurance Election
* Award, Leave, and Separation Orders
* Request for Orders
* Report of Medical Examination
* Record of Proceedings Under Article 15, UCMJ
6. He was honorably released from active duty on 28 March 1973. Item 3 (SSN) of his DD Form 214 shows his SSN as "xxx-xx-9102." He authenticated this form with his signature.
7. He submitted an incomplete application to purchase credit for military personnel as well as a statement from the SSA confirming that the SSN "yyy-yy-5265" (requested SSN) is assigned to an individual who has a name similar to that of the applicant.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that upon his induction in the AUS, the applicant listed his SSN as "xxx-xx-9102." He consistently used this SSN throughout his entire period of military service. He authenticated several documents by placing his signature in the appropriate blocks, indicating this was his correct SSN. He never used the requested SSN.
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.
3. While it is understandable the applicant desires to now record his correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records. Therefore, absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, were correct at the time and there is insufficient evidence to grant him relief in this case.
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) AR20120002456
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120002456
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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