IN THE CASE OF:
BOARD DATE: 8 January 2013
DOCKET NUMBER: AR20120011758
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 366-XX-XXXX instead of 362-XX-XXXX.
2. He states his DD Form 214 reflects the incorrect SSN.
3. He provides his DD Form 214 and a copy of his 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 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 military records show he enlisted in the Regular Army on 31 August 1976. He completed training and was awarded the military occupational specialty of 63C (Track Vehicle Mechanic).
3. His DD Form 4 (Enlistment or Reenlistment Agreement), DA Form 2-1 (Personnel Qualification Record), and all other documents throughout his military records show his SSN as 362-XX-XXXX.
4. On 19 July 1977, he was discharged from active duty. Item 3 (SSN) of the DD Form 214 he was issued at the time shows his SSN as 362-XX-XXXX.
5. The copy of the Social Security card he provides shows his SSN as
366-XX-XXXX.
6. 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 and states 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. He provides a copy of a Social Security card showing his SSN as
366-XX-XXXX. However, the SSN used throughout his military service was
362-XX-XXXX. He enlisted, served, and was separated from active duty under the SSN currently shown on his DD Form 214.
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 have his military records changed to reflect the SSN shown on the Social Security card he provided, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record, formerly known as Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and the SSN he now uses.
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) AR20120011758
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ABCMR Record of Proceedings (cont) AR20120011758
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