IN THE CASE OF:
BOARD DATE: 11 December 2012
DOCKET NUMBER: AR20120010129
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 a different social security number (SSN) than the one shown.
2. The applicant states his DD Form 214 contains an incorrect SSN.
3. The applicant provides:
* DD Form 214
* 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 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. In connection with his induction into the Army of the United States, the applicant completed a DD Form 398 (Statement of Personal History) and disclosed his SSN as "xxx-xx-8284." He authenticated this form by placing his signature in the appropriate block.
3. He was inducted into the Army of the United States on 13 December 1962. His DD Form 47 (Record of Induction) listed his service number; it did not list his SSN.
4. His DA Form 24 (Service Record) and subsequent DA Form 20 (Enlisted Qualification Record) which were created upon his entry on active duty both listed an SSN similar to the one listed on his DD Form 398.
5. On 13 December 1962, he completed a DA Form 41 (Record of Emergency Data) and listed an SSN similar to that listed on his DD Form 398. He authenticated this form by placing his signature in the appropriate block.
6. On 21 June 1963, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation. Item 32 (Remarks) of his DD Form 214 shows his SSN is listed as "xxx-xx-8284." He authenticated this form by placing his signature in the appropriate block.
7. He submitted a social security card that contains his name and a different SSN, "yyy-yy-8336."
8. 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. It states that 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 evidence of record shows upon his induction into the Army of the United States, the applicant listed his SSN as "xx-xx-8284." He consistently used this SSN throughout his entire period of military service. He authenticated some documents by placing his signature in the appropriate place, indicating this was his correct SSN. He did not use the requested SSN during his military service.
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 record an SSN as it is recorded on his social security card; however, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, was correct at the time and there is insufficient evidence to grant him relief in this case. However, a copy of this decisional document 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:
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) AR20120010129
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120010129
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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