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IN THE CASE OF:
BOARD DATE: 6 November 2012
DOCKET NUMBER: AR20120008174
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) listed in her military record and DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states the eighth digit of her SSN should be the number "4" and not "5" as is listed in her record and DD Form 214.
3. The applicant provides her SSN card, birth certificate, and DD Form 214.
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 enlisted in the Regular Army on 24 October 1978, for a period of 3 years. The DD Form 4 (Enlistment Contract Armed Forces of the United States) documenting her enlistment lists her SSN as XXX-XX-XX5X in item
3 (SSN).
3. The applicant's DA Forms 2 and 2-1 (Personnel Qualification Record-Parts I and II) list her SSN as "XXX-XX-XX5X."
4. All documents and orders in the applicants Military Personnel Records Jacket (MPRJ), including her separation orders, list her SSN as "XXX-XX-XX5X."
5. On 23 October 1981, the applicant was honorably released from active duty, in the rank of private/E-2, after completing 3 years of active military service. The DD Form 214 she was issued at the time lists her SSN as "XXX-XX-XX5X."
6. Her social security card shows her SSN as "XXX-XX-XX4X."
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. The version of the regulation, in effect at the time, stated the DA Forms 2 and 2-1 and documents in the MPRJ were the source records for entries on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to correct the SSN in her record and DD Form 214 has been carefully considered. However, there is insufficient evidence to support her claim.
2. The evidence of record confirms the applicant enlisted, served, and was separated under the SSN XXX-XX-XX5X, as is listed in her DA Form 2 and
DA Form 2-1.
3. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed. Therefore, the SSN listed in the applicant's military records should not be changed at this time.
4. This Record of Proceedings will be filed in her Army Military Human Resource Record to provide clarity and to deal with any confusion that may arise regarding the difference in the SSN under which she performed her military service and the SSN she indicates she now uses. Filing the Board's decisional document will also guarantee the historical integrity of the applicant's military record.
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) AR20120008174
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120008174
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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