IN THE CASE OF:
BOARD DATE: 20 September 2012
DOCKET NUMBER: AR20120005044
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 (Certificate of Release or Discharge from Active Duty) to change his Social Security Number (SSN) to read 0xx-7x-xxx7 instead of 116-6x-xxx9.
2. He states the above error occurred while he was serving on active duty. While filing his income taxes it was brought to his attention that his SSN was incorrect. It was not until after his release from active duty that he was advised to have it corrected.
3. The applicant provides a:
* DD Form 214
* illegible copy of his 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. His records show he enlisted in the Regular Army on 14 November 1983. His enlistment contract shows his SSN as 116-6x-xxx9.
3. His record contains a National Agency Check Request, a Record of Emergency Data, and a Report of Medical Examination, which all show his SSN as 116-6x-xxx9.
4. He was discharged on 7 October 1986, after completing 2 years, 10 months, and 24 days of total active service. Item 3 (SSN) of his DD Form 214 shows contains the entry 116-6x-xxx9.
5. He provided a copy of his social security card which is not legible.
6. Army Regulation 635-5 (Separation Documents) provides guidance on the preparation of the DD Form 214. This regulation has historically stated that item 3 of the DD Form 214 will contain the SSN taken from the Soldier's personnel record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to change his SSN on his DD Form 214 was carefully considered; however, it is not supported by the evidence of record.
2. He provided a copy of his social security card which is not legible; furthermore, the SSN entered on his initial enlistment contract shows he used SSN 116-6x-xxx9 and continued to use this number throughout his military service.
3. 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 Armys records at this late date.
4. He is advised that a copy of this decisional document which shows his requested SSN will be filed in his Army Military Human Resources Record (AMHRR). 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 the requested SSN documented in his AMHRR.
5. Therefore, there is insufficient evidence to grant him relief in this case.
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) AR20120005044
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ABCMR Record of Proceedings (cont) AR20120005044
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