IN THE CASE OF:
BOARD DATE: 28 August 2012
DOCKET NUMBER: AR20120004377
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 WD AGO Form 100 (Separation Qualification Record) to show his social security number (SSN) as "xxx-xx-xx4x" vice "xxx-xx-xx9x."
2. The applicant states the error was discovered while he was getting his affairs in order for his family to arrange for his burial at a National Cemetery.
3. The applicant provides:
* Army of the United States Honorable Discharge Certificate
* WD AGO Form 53 (Enlisted Record and Report of Separation Honorable Discharge)
* WD AGO Form 100
* Social Security Card
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's military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. This case is being considered using reconstructed records, which primarily consist of:
* WD AGO Form 53
* Army of the United States Honorable Discharge Certificate
* WD AGO Form 100
* WD AGO Form 21 (Enlistment Record)
* Morning Report Locator Card(s)
3. The applicant's WD AGO Form 53 shows he enlisted in the Regular Army on 17 August 1946 and entered active service on the same day. Item 2 (Army Serial Number) of his WD AGO Form 53 shows he was assigned Army Serial Number "RAxx-xxx-xx4."
4. All available documents contained in the applicants military personnel record shows his Army Serial Number as "RAxx-xxx-xx4." There are no documents which display an SSN other than his WD AGO Form 100.
5. The applicant provides a copy of his social security card which shows his SSN as "xxx-xx-xx4x."
6. The applicant provides a copy of his WD AGO Form 100. This document shows his Army Serial Number as "RAxx-xxx-xx4" and his SSN as "xxx-xx-xx9x."
DISCUSSION AND CONCLUSIONS:
1. Although the applicant requests correction of his WD AGO Form 100 to show the SSN as shown on his social security card all of the available documents in his military service records show he served in the Army using Army Serial Number "RAxx-xxx-xx4." Unfortunately, there is insufficient evidence to support this change.
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 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 at this late date.
3. The applicant's honorable service in World War II is noted; regretfully, in the absence of evidence to the contrary, there is insufficient evidence to support this request.
4. The applicant is advised that a copy of this decisional document will be filed in his official military personnel file (OMPF). This should serve to clarify any questions or confusion in regard to the different SSN recorded in his military records and to satisfy his desire to have his correct SSN documented in his OMPF.
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) AR20120004377
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120004377
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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