IN THE CASE OF:
BOARD DATE: 13 December 2012
DOCKET NUMBER: AR20120009835
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 Army Military Human Resource Record (AMHRR) to show his social security number (SSN) as "XXX-XX-9844" instead of "XXX-XX-4497."
2. The applicant states, in effect, the SSN shown in his AMHRR is incorrect.
3. The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 26 October 1968, and Social Security Card.
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 of the United States on 10 November 1966.
3. His DA Form 20 (Enlisted Qualification Record) shows "XXX-XX-4497" as his SSN. The same SSN is shown on every document contained in his AMHRR requiring the use of his SSN.
4. The applicant was honorably released from active duty as an overseas returnee and was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) on 26 October 1968. The DD Form 214 he received shows the same SSN as all other documents contained in his AMHRR.
5. On 9 November 1972, the applicant was discharged from the USAR. The SSN on his DD Form 214 is the same SSN shown on Letter Orders Number 10-1419258 (USAR Discharge Orders).
6. The applicant submits copies of a Social Security Card which shows his SSN as "XXX-XX-9844."
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 and states 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 applicant's contentions have been noted and his supporting evidence has been considered.
2. However, he entered the Army and he used "XXX-XX-4497" as his SSN throughout his military service obligation. There is no evidence in the available record showing that he ever used "XXX-XX-9844" as his SSN while he was in the Army.
3. 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. The preponderance of evidence indicates the SSN shown on the
applicant's DD Form 214 reflects the SSN that he used when he served. He has provided no explanation as to how such an error could have occurred; therefore, there is a reluctance to change his official records. However, this decisional document will be included in his AMHRR for future reference.
4. In view of the foregoing, his request should be denied.
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) AR20120009835
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ABCMR Record of Proceedings (cont) AR20120009835
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