IN THE CASE OF:
BOARD DATE: 25 September 2012
DOCKET NUMBER: AR20120004523
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, in effect, correction of his social security number (SSN) listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states the correct SSN is listed in his military personnel records; however, it is wrong on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and SSN 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 enlisted in the Regular Army on 5 April 1966. He served on active duty for 3 years until 16 April 1969, and was honorably released from active duty and transferred to the U.S. Army Reserve. The DD Form 214 he was issued at the time lists the SSN he now claims is incorrect.
3. The applicants DA Form 20 (Enlisted Qualification Record), which was reviewed and signed by him on 11 April 1967, lists the SSN he now claims is incorrect (xxx-xx-xxx1). All documents and orders contained in the applicants Army Military Human Resource Record (AMHRR) contain the SSN that he claims is incorrect.
4. The applicant provides an SSN card he claims is his correct SSN (xxx-xx-xxx7); however, it is different from the one listed throughout his military records.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time of the applicant's separation stated the
DA Form 20 and documents on file in the MPRJ were the primary sources for information for entries on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request that his record and DD Form 214 be corrected to reflect the SSN contained on his SSN card has been carefully considered and found to lack sufficient evidence to support his request.
2. The evidence of record confirms the applicant entered active duty and served under the SSN he now claims is incorrect. As a result, there is an insufficient evidentiary basis to support granting the requested relief.
3. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed. Therefore, the SSN listed in the applicant's military records should not be changed at this time.
4. This Record of Proceeding will be filed in his military record in order to provide clarity and to deal with any confusion that may arise regarding the difference in
the SSN under which he performed his military service and was separated vice the SSN he indicates he now uses. Filing the Board's decisional document will also guarantee the historical integrity of the applicant's military record.
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) AR20120004523
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ABCMR Record of Proceedings (cont) AR20120004523
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