IN THE CASE OF:
BOARD DATE: 16 October 2012
DOCKET NUMBER: AR20120007039
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 the social security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states his DD Form 214 shows the SSN "XXX-XX-2500"; it should be "XXX-XX-9868." The SSN listed on his DD Form 214 belongs to his brother.
3. The applicant provides:
* DD Form 214
* social security and Medicare Health Insurance cards
* two letters from the Army Review Boards Agency Support Division, St. Louis, MO
* letter from the Department of Children and Families, State of Connecticut, pertaining to another individual
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's military records show he was inducted into the Army of the United States (AUS) on 26 August 1965. At the time of his induction he was assigned and identified by a service number which began with the prefix "US" for United States.
3. His record contains:
* DD Form 398 (Statement of Personal History), dated 19 August 1965, which lists the same SSN as shown on his DD Form 214
* DD Form 47 (Record of Induction), dated 26 August 1965, which does not list an SSN
* DA Form 41 (Record of Emergency Data) which was reviewed by the applicant on 14 April 1967 and lists the same SSN as shown on his DD Form 214
* DA Form 2139 (Military Pay Voucher) for pay period 1-14 June 1968 which lists the same SSN as shown on his DD Form 214
* DA Form 20 (Enlisted Qualification Record) which lists the same SSN as shown on his DD Form 214
4. On 8 September 1967, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). Item 32 (Remarks) of his DD Form 214 lists his SSN as "XXX-XX-2500."
5. He provides copies of his social security and Medicare Health Insurance cards which list his SSN as "XXX-XX-9868."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that at the time of the applicant's induction into the AUS and throughout his period of active duty service he served under the SSN as shown on his DD Form 214. All documents contained in his military personnel records jacket list the same SSN. There is no documentary evidence from the Social Security Administration verifying the applicant's social security number. Without evidence to the contrary, administrative regularity is presumed that he served under the SSN currently shown on his DD Form 214. Therefore, there is insufficient evidence to show an error exists or as a basis for changing the SSN shown 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 desires to now record his current SSN on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
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 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) AR20120007039
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ABCMR Record of Proceedings (cont) AR20120007039
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