BOARD DATE: 11 October 2012
DOCKET NUMBER: AR20120005643
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 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 9 May 1970 to show his social security number (SSN) as "xx1-xx-xxxx" instead of
"xx8-xx-xxxx."
2. The applicant states his SSN is "xx1-xx-xxxx."
3. The applicant provides:
* Social Security card
* Letter from the Social Security Administration (SSA) in Eugene, OR, dated 8 June 2011
* DD Form 214 for the period ending 9 May 1970
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's record contains a DD Form 4 (Enlistment Contract Armed Forces of the United States) that shows he enlisted in the Oregon Army National Guard (ORARNG) on 22 November 1969 for a period of 6 years. His DD Form 4 shows his SSN as "xx8-xx-xxxx."
3. Special Orders Number E-56, issued by the Military Department, State of Oregon, Salem, OR, dated 15 December 1969, ordered the applicant to active duty for training (ACDUTRA) at Fort Ord, CA with a reporting date of 8 January 1970. On 9 May 1970, upon completion of his military occupational specialty (MOS) training, he was released to the control of the ORARNG.
4. His record also contains a DD Form 220 (Active Duty Report), dated
12 January 1970, that shows his SSN "xx8-xx-xxxx."
5. His DD Form 214 for the period ending 9 May 1970 shows his SSN as
"xx8-xx-xxxx."
6. He provides correspondence from the SSA and a copy of his Social Security card that shows his SSN as "xx1-xx-xxxx."
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. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the SSN shown on his DD Form 214 for the period ending 9 May 1970 is incorrect and should read "xx1-xx-xxxx." However, the evidence of record shows the SSN of "xx8-xx-xxxx" was used exclusively when he enlisted in the ORARNG, when he was ordered to ACDUTRA in 1970, and when he was released from active duty and reverted to the ORARNG.
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 Armys records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record (AMHRR), formerly known as the 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 correct SSN documented in his AMHRR.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20120005643
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ABCMR Record of Proceedings (cont) AR20120005643
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