IN THE CASE OF:
BOARD DATE: 11 December 2012
DOCKET NUMBER: AR20120009488
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 reflected on the Social Security Administration (SSA) SSN Verification sheet.
2. The applicant states the SSN reflected on his DD Form 214 and record of enlistment is incorrect.
3. The applicant provides an SSA SSN Verification sheet in support of his application.
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 record contains a Standard Form 89 (Report of Medical History) that shows on 18 December 1970, the applicant was examined for the purpose of induction into the Army. The SSN listed on this form is the same number as shown on his DD Form 214.
3. On 27 January 1971, the applicant enlisted in the Regular Army (RA) for a period of 3 years. His record contains a DD Form 4 (Enlistment Contract Armed forces of the United States), dated 27 January 1971, that lists his SSN as shown on his DD Form 214. The applicant signed this document indicating that all information have been correctly recorded and is true in all respects.
4. He completed his training as a teletype repairman and he was transferred to Korea on 17 October 1971. He remained in Korea until he was discharged on
6 January 1973 with a general discharge. He completed 1 year, 11 months, and 10 days of total active service. The DD Form 214 he was issued at the time reflects the SSN under which he served his entire period of service.
5. His record contains the following additional documents, all signed by the applicant, that reflect the same SSN as shown on his DD Form 214:
* DD Form 98 (Armed Forces Security Questionnaire), dated 27 January 1971
* DD Form 398 (Statement of Personal History), dated 18 February 1971
* VA Form 29-8286 (Servicemen's Group Life Insurance Election), dated
18 February 1971
* DA Form 20 (Enlisted Qualification Record), prepared on 19 February 1971 and last audited by the applicant on 20 October 1971
* SF 93 (Report of Medical History), dated 6 December 1972 (separation examination)
6. The SSN reflected on the SSA SSN Verification sheet provided by the applicant is not found anywhere in his official records.
7. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. At the time the applicant enlisted in the RA he provided the SSN that is reflected on his DD Form 214 and all other documents contained in his military record. He has not offered any explanation as to why he served under an SSN other than that which is listed on his SSA SSN Verification sheet. Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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 applicant desires to now record his correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF). 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.
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) AR20120009488
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