IN THE CASE OF:
BOARD DATE: 30 August 2012
DOCKET NUMBER: AR20120005075
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) as shown on his social security card.
2. The applicant states that unknown to him, he was issued his father's SSN when he applied for his own SSN. His father passed away approximately 1959.
3. The applicant provides his:
* Social Security Card
* Michigan Operator License
* DD Form 214
* Father's Certificate of Death showing the same SSN the applicant used in the Army
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 26 September 1969 for a period of 2 years. He completed training and he was awarded military occupational specialty 11B (light weapons infantryman).
3. His record contains a DD Form 4 (Enlistment Contract Armed Forces of the United States), dated 26 September 1969, wherein his SSN is listed as the same SSN on his father's Certificate of Death.
4. His record also contains a DA Form 20 (Enlisted Qualification Record), prepared on 3 October 1969 and last audited by the applicant on 3 July 1970. The SSN on this form is the same as on his father's Certificate of Death.
5. On 24 May 1971, the applicant was honorably released from active duty as an overseas returnee. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. He completed 1 year, 7 months, and 29 days of total active service. Item 3 (Social Security Number) of the DD Form 214 he was issued at the time shows the same SSN as shown on his DD Form 4, DA Form 20, and his father's Certificate of Death.
6. The applicant provides his father's Certificate of Death that shows he died on 6 April 1960. It also shows his SSN as shown on the applicant's DD Form 4,
DA Form 20, and DD Form 214.
7. The applicant further provides a Social Security Card with his same name that shows a different SSN than that used during his period of active service
8. Army Regulation 635-5 (Separation Documents), in effect at the time, required the SSN to be entered in Item 3 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show his SSN as shown on the Social Security Card he provided.
2. The evidence of record shows the applicant used the same SSN throughout his period of active military service as shown on his DD Form 214. There is no evidence he ever used the SSN that he now claims is correct.
3. 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.
4. In view of the foregoing, there is insufficient evidence to correct item 3 of his DD Form 214; however, the circumstances surrounding the SSN in his military records is unusual. As a matter of equity, it would be appropriate to note in item 30 (Remarks) of the applicant's DD Form 214 the SSN as shown on the Social Security Card he presented.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X___ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding in item 30 the SSN as shown on the Social Security Card he provided.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting item 3 of his
DD Form 214 to show the SSN as shown on the Social Security Card he provided.
___________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) AR20120001834
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ABCMR Record of Proceedings (cont) AR20120005075
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