BOARD DATE: 13 December 2012
DOCKET NUMBER: AR20120010340
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 (Report of Separation from Active Duty) to show his social security number (SSN) as 523-XX-XXXX vice 532-XX-XXXX.
2. He states:
* his earnings record on his Social Security Statement would not show earnings if his SSN was wrong in 1972 and 1973
* he was in the Army from 1972 to 1973
* he lost his original DD Form 214 after he was discharged and did not know there was an error until he received a new one 35 years later
3. The applicant provides:
* a printout from the Social Security Administration (SSA)
* his Social Security card
* his Social Security Statement
* a self-authored statement
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. The applicant enlisted in the Regular Army on 3 August 1972.
Item 1 (Remarks) of his enlistment contract shows his SSN as 532-XX-XXXX.
3. All of the official documents contained in his Army Military Human Resource Record (AMHRR) show his SSN as 532-XX-XXXX.
4. On 27 September 1973, he was discharged under honorable conditions (general) after serving for 1 year, 1 month, and 25 days. Item 3 (SSN) of his DD Form 214 shows his SSN as 532-XX-XXXX. He authenticated this form with his signature.
5. He submitted:
a. a Social Security Statement, which shows his SSN as 523-XX-XXXX and that he had earnings in 1972 and 1973.
b. a copy of his Social Security card, which shows his SSN as 523-XX-XXXX.
c. a printout from the SSA, dated 31 January 2012, which states his SSN is 523-XX-XXXX.
6. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. The regulation then in effect provided that the Soldier's SSN would be entered in item 3 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. All of the documents in the applicant's AMHRR show he used SSN
532-XX-XXXX when he served in an active duty status.
2. He contends his Social Security Statement would not show earnings for 1972 and 1973 unless his SSN was 523-XX-XXXX. It is unknown how the Social Security Administration obtained his earnings.
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. 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 desires to now record his current SSN on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
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) AR20120010340
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ABCMR Record of Proceedings (cont) AR20120010340
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