IN THE CASE OF:	 

		BOARD DATE:	    28 August 2012

		DOCKET NUMBER:  AR20120005492 


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 a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) be issued to correct the social security number (SSN) listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show “XXX-XX-6X5X.”

2.  The applicant states the SSN listed on his DD Form 214 is incorrect.  He further states he needs a corrected DD Form 214 for the purpose of applying for veterans benefits in the future.

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 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 was inducted into the Army of the United States on                    4 April 1966.  He completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 64L (Truck Master).  He was assigned a Service Number (SN), which was used by the Army at the time as the primary identification number.

3.  All orders and documents containing an identification number on file in the applicant's Official Military Personnel File (OMPF) list the SN with the exception of the following documents:

* DD Form 398 (Statement of Personal History), dated 31 March 1965
* Special Orders Number 86, issued by Headquarters, U.S. Army Personnel Center, dated 26 March 1968

4.  The documents identified in the preceding paragraph list the applicant's SSN as "xxx-xx-5x6x."

5.  The applicant was honorably released from active duty on 26 March 1968, in the rank/grade of sergeant/E-5, after completing 1 year, 11 months, and 23 days of total active service, and transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.  Item 3 (SSN) of the applicant‘s DD Form 214 shows his SSN as “XXX-XX-5X6X.”

6.  The applicant provides a copy of his SSN card which shows his SSN as “XXX-XX-6X5X.”

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  This regulation establishes standardized policy for the preparation of the DD Form 214.  It states the complete name and SSN of the separating service member will be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1. The evidence of record confirms the applicant entered active duty and he served under an SN and SSN using the “XXX-XX-5X6X based on documents and orders in his OMPF, and identified in item 3 on his DD Form 214.  

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 social security number 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 along with his application and the supporting evidence he provided, which confirms his correct SSN, will be filed in his 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:

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)                                         AR20120005492



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ABCMR Record of Proceedings (cont)                                         AR20120005492



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