IN THE CASE OF: 

		BOARD DATE:	   8 January 2013

		DOCKET NUMBER:  AR20120011540


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 "XX9-XX-XXXX," instead of "XX8-XX-XXXX."

2.  The applicant states the SSN shown on his DD Form 214 does not match the SSN he was assigned and has used his entire life.

3.  The applicant provides his DD Form 214, his Medicare health insurance card, and his Internal Revenue Service (IRS) Form 8879 (IRS e-file Signature Authorization), for the year 2010.

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 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.  On 14 June 1966, the applicant enlisted in the Louisiana Army National Guard (LAARNG).  Item 2 (Service Number) of his DD Form 4 (Enlistment Record – Armed Forces of the United States) lists his service number; his SSN does not appear on this form.

3.  On 13 May 1967, he entered active duty for the purpose of completing his initial entry training.  

4.  On 28 October 1967, after completing his initial entry training, he was honorably released from active duty and returned to the control of the LAARNG.  Item 3 (SSN) of his DD Form 214 shows his SSN as "XX8-XX-XXXX." 

5.  The documents contained in his available record identify him by his service number.  

6.  He provides his Medicare health insurance card and his IRS Form 8879 for the year 2010, which show his SSN as "XX9-XX-XXXX."

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate and reflect the conditions as they existed at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he enlisted in the LAARNG on 14 June 1966, using his service number.  He consistently used his service number throughout his entire period of military service.  His DD Form 214 is the only document in his available record that identifies him by SSN.

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.  There is a reluctance to recommend that those records be changed.  While it is understandable 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.  

3.  Lacking convincing independent and verifiable evidence that shows the requested SSN was used at least once during his period of active military service, it is presumed his military service records, including the DD Form 214, were correct at the time and there is insufficient evidence to grant him relief in this case.

4.  A copy of this Record of Proceedings will be filed in the applicant’s military record to provide clarity and to deal with any confusion that may arise regarding the difference in the SSN under which it appears he performed his military service and was separated vice the SSN he indicates he now uses.  Filing the Board’s decisional document will also guarantee the historical integrity of the applicant’s military record.

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)                                         AR20100016576



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ABCMR Record of Proceedings (cont)                                         AR20120011540



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