BOARD DATE: 29 November 2012
DOCKET NUMBER: AR20120009831
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 his DD Form 214 (Report of Separation from Active Duty) be corrected to show the Social Security Number (SSN) that is reflected on his Social Security Card. He also requests that his earnings for the period of active duty be reported to the Social Security Administration under this SSN.
2. The applicant states the SSN that is reflected on his DD Form 214 is not the SSN that is reflected on his Social Security Card.
3. The applicant provides a one-page letter explaining his application, a copy of his Social Security Card, a statement from the Social Security Administration showing his earnings under the SSN reflected on his Social Security Card, and a copy of his 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 was inducted into the Army on 21 January 1969. At the time of induction he indicated that his SSN was the SSN that is reflected on his DD Form 214. His records show that SSN was used throughout his records, to include documents prepared by the applicant in his own handwriting.
3. He completed his training as an infantry indirect fire crewman, was promoted to the rank of sergeant on 9 December 1969, and he was transferred to Vietnam on 18 March 1970.
4. He departed Vietnam on 27 November 1970 and was transferred to Oakland Army Base, California where he was honorably released from active duty as an overseas returnee that date. He had served 1 year, 10 months, and 7 days of active service and his DD Form 214 reflects the SSN under which the applicant served his entire period of service.
5. The SSN reflected on the Social Security Card provided by the applicant is not found anywhere in his official records.
6. On 1 July 1969, the Army discontinued the issuance and use of the military service number and began using the SSN for identification. Prior to 1 July 1969, service members were not required to maintain an SSN in their record; however, they were usually recorded when provided by the individual Soldier.
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 he provided the SSN that is reflected on his DD Form 214 and all of the documents contained in his official records, to include those completed by the applicant. He has offered no explanation as to why he served under an SSN other than that which is listed on his Social Security Card.
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 understandable the applicant desires to now change his 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. Accordingly, there is no basis for granting the applicant's requested relief.
3. The applicant is advised that a copy of this decisional document which confirms the SSN he is currently using will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military record and to satisfy his desire to have his current SSN documented in his official military records.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__x____ ___x_____ ___x_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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.
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