IN THE CASE OF:
BOARD DATE: 30 August 2012
DOCKET NUMBER: AR20120004415
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 that his records be corrected to show the last digit of his Social Security Number (SSN) is a 9 instead of a 3.
2. The applicant states some of the documents in his military records incorrectly reflect an SSN with the last of 3 instead of a 9.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a copy of a letter transferring him to the Individual Ready Reserve, a copy of a Certificate of Achievement, a copy of his discharge orders from the U.S. Army Reserve (USAR), a copy of orders transferring him to the USAR Control Group (Reinforcement), a copy of his IRS e-file Signature Authorization, and a copy of his Social Security Card indicating that the last digit is a 9.
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 in the Regular Army on 31 August 1967 for a period of 3 years and training as a combat engineer. At the time of his enlistment he was issued a service number and indicated that his SSN ended with the last digit of 3. His SSN was reflected on his enlistment contract and he indicated the same number on other documents he was required to complete at the time of his enlistment.
3. He completed his basic training at Fort Lewis, Washington and his advanced individual training at Fort Leonard Wood, Missouri before being transferred to Vietnam on 6 February 1968. He was promoted to the pay grade of E-5 on
20 December 1968 and remained in Vietnam for 26 months until 15 April 1970 when he was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) as an overseas returnee on
16 April 1970. He had served 2 years, 7 months, and 16 days of active service.
4. His DD Form 214 issued at the time of his REFRAD reflects that the last digit of his SSN contains the number 3. When the applicant completed his separation physical/medical examination he indicated that his SSN ended with the number 3.
5. On 1 July 1969, the Army discontinued the issuance and use of the military 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. At the time the applicant enlisted in the Regular Army he provided the SSN that is contained on his DD Form 214 and he continued to maintain that SSN during his entire period of service. Although the applicant has not provided any explanation as to why he served under that SSN, the SSN on his DD Form 214 is the one he served under.
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 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 Armys records at this late date.
3. The applicant is advised that a copy of this decisional document, which confirms his correct 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 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:
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 during the Vietnam War. 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) AR20120004415
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ABCMR Record of Proceedings (cont) AR20120004415
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