IN THE CASE OF:
BOARD DATE: 18 December 2012
DOCKET NUMBER: AR20120011227
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 his social security number (SSN) as "234-XX-XXXX" vice "348-XX-XXXX."
2. The applicant states the SSN on his DD Form 214 is incorrect. He believes the mistake was a typographical error.
3. The applicant provides a copy of his social security card and 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's DD Form 398 (Statement of Personal History), dated
28 November 1966, shows his SSN as "348-XX-XXXX." He authenticated this form by placing his signature in the appropriate block, indicating the information contained therein was correct.
3. He enlisted in the Regular Army (RA) on 7 December 1966 and held military occupational specialty 11B (Light Weapons Infantryman).
4. His DA Form 3027 (U.S. Army Request for National Agency Check), dated
19 January 1967, shows his SSN as "348-XX-XXXX."
5. He was honorably discharged on 10 August 1967. His DD Form 214 shows his SSN as "348-XX-XXXX." He authenticated this form by placing his signature in the appropriate block, indicating the information contained therein was correct.
6. He provided a copy of a social security card which contains his name and the SSN "234-XX-XXXX."
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. 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 available evidence shows the applicant used SSN "348-XX-XXXX" upon enlistment in the RA. He consistently used this SSN throughout his military service. He authenticated documents, as required, by placing his signature in the appropriate blocks, indicating the information contained therein was correct. He did not use SSN "234-XX-XXXX."
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 understood that the applicant desires to now record his requested 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.
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) AR20120011227
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ABCMR Record of Proceedings (cont) AR20120011227
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