IN THE CASE OF:
BOARD DATE: 23 October 2012
DOCKET NUMBER: AR20120007895
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 (Report of Separation from Active Duty) to show his Social Security Number (SSN) as "XXX-XX-6X92" instead of "XXX-XX-7X11."
2. The applicant states the Social Security Disability Office informed him the SSN on his DD Form 214 was incorrect.
3. The applicant provides his DD Form 214, and a letter and print-out from the Social Security Administration (SSA), dated 10 April 2012.
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 served in the Regular Army (RA) from 13 January 1976 through
16 September 1976. He held military occupational specialty 11B (Infantryman).
3. All of the documents and forms in the applicant's record listed his SSN as "XXX-XX-7X11." He authenticated the following forms by placing his signature in the appropriate blocks:
* DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States)
* DD Form 369 (Police Record Check)
* DD Form 93 (Record of Emergency Data)
* DA Form 2-1 (Personnel Qualification Record)
* DA Form 2 (Personnel Qualification Record - Part I)
* DD Form 214
4. The applicant provided a print-out from the SSA, dated 10 April 2012, listing the name of an individual similar to the applicant's name that states SSN
"XXX-XX-6X92" is assigned to this individual.
5. 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. 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 available evidence shows the applicant used SSN "XXX-XX-7X11" upon enlistment in the RA. He consistently used this SSN throughout his military service. He authenticated documents, as required, by placing his signature in the appropriate blocks, indicating the information contained therein was correct. He did not use SSN "XXX-XX-6X92."
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 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 understood that the applicant desires to now record his requested SSN 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. Absent convincing, independent, and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, were correct at the time and there is an insufficient basis to grant him 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) AR20120007895
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ABCMR Record of Proceedings (cont) AR20120007895
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