IN THE CASE OF:
BOARD DATE: 20 September 2012
DOCKET NUMBER: AR20120006486
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) to show his social security number (SSN) as "XXX-4X-X3XX" instead of "XXX-9X-X0XX."
2. The applicant states the SSN on his DD Form 214 is incorrect. He states he does not know why this error occurred; however, he provided the correct SSN when he entered military service. When he separated, he didn't pay attention to the SSN on his DD Form 214 and he didn't notice the error until years later.
3. The applicant provides his DD Form 214 and a printout from the Social Security Administration.
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 on 23 April 1965. His DD Form 4 (Enlistment Contract) identifies him by his service number; his SSN does not appear on this form.
3. On 23 April 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-9X-X0XX." He authenticated this form by placing his signature in the appropriate block.
4. Nearly every document in his Military Personnel Records Jacket (MPRJ) identifies him by his service number; however, in at least 2 instances, he is identified by an SSN that is neither the contested SSN nor the requested SSN.
5. He submitted a copy of a Social Security Administration printout that shows his SSN as "XXX-4X-X3XX."
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the Regular Army on 23 April 1965, using his service number. He consistently used his service number throughout his entire period of military service; however, on at least 2 occasions he was identified on official orders by an SSN other than the one he contends is his. There are 2 SSNs represented in his MPRJ, neither of which is the requested SSN. There is no evidence he served under the requested SSN.
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. There is a reluctance to recommend that those records be changed. While it is understandable the applicant desires his military records reflect his requested SSN, there is not a sufficiently compelling reason for compromising the integrity of the Army's records. A copy of this Record of Proceedings will be filed in his records to clarify any difference between the SSN under which he served and his current SSN.
3. In view of the foregoing, there is an insufficient basis to grant 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) AR20100012506
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120006486
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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