IN THE CASE OF:
BOARD DATE: 4 December 2012
DOCKET NUMBER: AR20120009508
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 (Armed Forces of the United States Report of Transfer or Discharge) to show the last four digits of his social security number (SSN) as "8045."
2. The applicant states the SSN on his DD Form 214 is wrong.
3. The applicant provides:
* his DD Form 214
* a letter from the Social Security Administration (SSA), dated 2 May 2012
* a printout from the SSA, dated 2 May 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 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. He enlisted in the Regular Army on 6 January 1967 for a period of 3 years. His SSN is not shown on his DD Form 4 (Enlistment Record - Armed Forces of the United States).
3. The following forms in his Military Personnel Record Jacket (MPRJ) show his SSN with the last four digits as 8048:
* DD Form 398 (Statement of Personal History)
* a completed DA Form 3027 (U.S. Army Request for National Agency Check)
* DA Form 41 (Record of Emergency Data)
* DA Form 20 (Enlisted Qualification Record)
4. All other documents in his MPRJ also identify him using the SSN with the last four digits as "8048" where required.
5. The letter from the SSA, dated 2 May 2012, is a receipt to show he applied for a social security card. The letter also stated the SSA is required by law to limit replacement social security cards to 3 per year and 10 per lifetime.
6. The printout from the SSA, dated 2 May 2012, verifies his current SSN with the last four digits as "8045."
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The letter from the SSA, dated 2 May 2012, indicated he applied for a social security card. It appears this was for a replacement card. The printout from SSA only verifies his SSN as of the date of the printout, 2 May 2012. It does not verify his SSN during his period of active service in the Army.
2. A DD Form 398, DA Form 3027, DA Form 41, and DA Form 20 all show his SSN with the last four digits as "8048." All other documents in his MPRJ that require his SSN also show the last four digits as "8048." There is no evidence in his MPRJ of him using the SSN with the last four digits as "8045" during his period of service. Therefore, there is insufficient evidence to change his SSN on his DD Form 214.
3. 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. There is a reluctance to recommend that those records be changed.
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) AR20120009508
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120009508
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