IN THE CASE OF:
BOARD DATE: 21 August 2012
DOCKET NUMBER: AR20120003859
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 the social security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he was notified by the social security office after his discharge that someone else had the same SSN and he needed to get a new number. He was then assigned a new SSN. He was not aware of the situation until after he was discharged from the Army.
3. The applicant provides an SSN printout from the Social Security Administration.
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 military records show he enlisted in the Regular Army on 22 May 1964. At the time of his enlistment, he was assigned and identified by a service number which began with the prefix "RA" for Regular Army.
3. His record contains the following documents:
a. DD Form 4 (Enlistment Record Armed Forces of the United States) which does not indicate an SSN on the form; however, a handwritten entry in the top margin shows the same SSN as that shown on his DD Form 214;
b. DA Form 41 (Record of Emergency Data), dated 27 May 1964, which indicates the same SSN as that shown on his DD Form 214; and
c. DA Form 20 (Enlisted Qualification Record) which does not indicate an SSN.
4. He was honorably released from active duty on 19 May 1967 and was transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 lists the SSN he used throughout his military service.
5. On 23 January 2012, the Social Security Administration verified that its records indicated the applicant's SSN as a different number than that shown on his DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that at the time of the applicant's enlistment he was assigned and identified by a service number. There is documentary evidence in his record showing the SSN used during his service in the Regular Army as that shown on his DD Form 214. Although the Social Security Administration verified the applicant was assigned a different SSN than that shown on his DD Form 214, there is insufficient evidence to show an error exists or as a basis for changing the SSN shown on his DD Form 214.
2. For historical purposes, 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. 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 the desires to now record his current SSN on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. He is advised that a copy of this decisional document will be filed in his official military personnel file. This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded on his DD Form 214 and to satisfy his desire to have his current SSN documented.
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.
ABCMR Record of Proceedings (cont) AR20120003859
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ABCMR Record of Proceedings (cont) AR20120003859
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