IN THE CASE OF:
BOARD DATE: 13 November 2012
DOCKET NUMBER: AR20120009937
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 first two digits of his social security number (SSN) as "53" vice "35."
2. The applicant states, in effect, the SSN shown on his DD Form 214 is wrong.
3. The applicant provides his DD Form 214, his social security card, a statement from the Social Security Administration, and a letter.
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. In conjunction with his enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History) on 9 September 1970 wherein he listed his SSN with the first two digits as "35." He authenticated this form by placing his signature in the appropriate block on that date.
3. His records show he enlisted in the RA on 17 September 1970 and he held military occupational specialty 76W (Petroleum Storage Specialist).
4. His DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 17 September 1970, shows his SSN with the first two digits as "35."
5. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN with the first two digits as "35." He authenticated this form by placing his signature in the appropriate block on 22 September 1970 and reviewing this document on 10 June 1971.
6. A DD Form 1584 (National Agency Check Request), dated 18 September 1970, shows his SSN with the first two digits as "35."
7. His record contains numerous orders, personnel, and legal documents that all show his SSN with the first two digits as "35." He authenticated many of these documents by placing his signature in the appropriate block.
8. He was discharged from active duty on 24 June 1971. He completed 8 months and 13 days of net active service.
9. Item 3 (SSN) of the DD Form 214 he was issued shows his SSN with the first two digits as "35."
10. The applicant provides his social security card showing an SSN with the first two digits as "53." He also provides a Social Security Administration statement that verifies an individual with the same full name as the applicant is assigned a SSN with the first two digits as "53."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant listed his SSN with the first two digits as "35" upon his entry on active duty. This is the SSN he used throughout his military service. He authenticated many documents by placing his signature in the appropriate place indicating his SSN was correct. He did not use the SSN that he now claims is correct during his period of military service.
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 current 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. However, a copy of this Record of Proceedings will be placed in his Army Military Human Resource Record so a record of his current SSN will be documented.
3. Therefore, there is an insufficient evidentiary basis for granting the requested relief.
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) AR20120009937
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120009937
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