BOARD DATE: 11 October 2012
DOCKET NUMBER: AR20120006915
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 show his social security number (SSN) as "XXX-0X-XXXX."
2. The applicant states his correct SSN is XXX-0X-XXXX.
3. The applicant provides:
* DD Form 214
* Social security card
* Birth certificate
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 complete military records covering his active duty service during the period 5 December 1979 to 3 December 1982 are not available for review.
3. His DD Form 214 shows he enlisted in the Regular Army (RA) on 5 December 1979 and served as a heavy anti-armor weapons crewman.
4. His Personnel Qualification Record, prepared on 6 May 1982, shows his SSN as XXX-2X-XXXX.
5. Discharge orders, dated 6 October 1982, show his SSN as XXX-2X-XXXX.
6. His DD Form 214 shows he was honorably released from active duty on
3 December 1982 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
7. Item 3 (SSN) of his DD Form 214 shows SSN "XXX-2X-XXXX."
8. He enlisted in the Army National Guard on 8 February 1983. Item 24 (Military Service) of his DD Form 1966/2 (Application for Enlistment Armed Forces of the United States) states his SSN was XXX-2X-XXXX in the RA from
5 December 1979 to 3 December 1982.
9. He provides a copy of his social security card which shows his SSN as "XXX-0X-XXXX."
10. 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 is incorrect and should read "XXX-0X-XXXX." However, it appears the SSN of "XXX-2X-XXXX" was used when he enlisted in the RA in 1979 and when he was released from active duty in 1982.
2. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should actually 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. Therefore, there is an insufficient basis for amending his SSN on his military records.
3. The applicant is advised that a copy of this decisional document, which confirms his correct SSN, will be filed in his Army Military Human Resource 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 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) AR20120006915
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