BOARD DATE:	  4 September 2012

		DOCKET NUMBER:  AR20120004807 


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 (Report of Separation from Active Duty) to show his Social Security Number (SSN) beginning with "596" instead of "453" as reflected on his Social Security Cards.

2.  The applicant states he entered the Army and served with an SSN beginning with "453"; however, after his discharge in 1993, the Social Security Administration (SSA) changed his SSN to a new number beginning with "596."

3.  The applicant provides a copy of his DD Form 214 and both Social Security Cards.

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 enlisted in the Regular Army (RA) on 16 June 1975 using an SSN beginning with "453."  He completed his training and he served his entire enlistment under that SSN, the same SSN that is reflected on his DD Form 214 issued at the time of his release from active duty on 15 June 1978.

3.  On 20 August 1978, he enlisted in the Puerto Rico Army National Guard (PRARNG) using the same SSN and he served until he was honorably discharged on 12 March 1986.  His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) reflects the same SSN he served under in the RA.

4.  The applicant provides copies of two Social Security Cards, one beginning with "453" and the other with"596."

5.  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.  Changes that occur subsequent to the date the DD Form 214 is issued are not authorized for entry on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant contends the SSA subsequently changed his SSN, he has provided no evidence to support his contention.  However, the evidence of record clearly shows he served all of his active service under the SSN that is reflected in his available records.  Therefore, since his SSN at the time is correctly reflected on his records there appears to be no error or injustice to correct.

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 Army's records at this late date.

3.  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 difference in the SSN recorded in his military record and to satisfy his desire to have his current 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 our Nation.  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)                                         AR20120004807



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ABCMR Record of Proceedings (cont)                                         AR20120004807



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