IN THE CASE OF:
BOARD DATE: 31 January 2013
DOCKET NUMBER: AR20120012092
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 "xx2-xx-xxxx" instead of "xx5-xx-xxxx."
2. The applicant states that when he signed his DD Form 214 he assumed all the information was correct. However, as a result of a typographic error that he didn't notice at the time, one digit of the SSN is wrong.
a. He states that the Social Security Administration has confirmed his SSN is "xx2-xx-xxxx" and this correction is needed because it affects his benefits.
b. He also states that a social worker at the Department of Veterans Affairs (VA) in Valdosta, Georgia, has made the necessary change to his VA file. However, the VA also requires an official Army document correcting his DD Form 214.
3. The applicant provides a copy of his social security card and 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 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. A DD Form 398 (Statement of Personal History) and DD Form 98 (Armed Forces Security Questionnaire), both prepared by the applicant on 25 May 1970, show he entered his SSN as "xx5-xx-xxxx."
3. The applicant enlisted in the Regular Army on 24 June 1970 for a period of
3 years.
4. His DD Form 4 (Enlistment Contract - Armed Forces of the United States), enlistment orders, and DA Form 20 (Enlisted Qualification Record), that were completed on the occasion of his enlistment, all show his SSN as "xx5-xx-xxxx."
5. The applicant's DD Form 214 shows he was honorably released from active duty on 23 June 1973. He completed 3 years of total active service. It also shows in item 3 (SSN) the entry "xx5-xx-xxxx."
6. In support of his application the applicant provides a notarized copy of his social security card that shows his SSN is "xx2-xx-xxxx."
DISCUSSION AND CONCLUSIONS:
1. Records show that upon entry into the U.S. Armed Forces the applicant reported his SSN as "xx5-xx-xxxx." The evidence of record also shows this SSN was consistently recorded in the applicant's military service records throughout the entire period of his military service, including on his DD Form 214.
2. The applicant states his correct SSN is "xx2-xx-xxxx."
3. Considering all the evidence and information presented by the applicant together with the evidence of record, applicable law, and regulations, it is concluded that the evidence provided by the applicant relating to his SSN is insufficient to warrant a change to his military service records and separation document.
4. 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 applicant desires to now record his correct 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.
5. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have his correct SSN documented in his AMHRR.
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) AR20120012092
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ABCMR Record of Proceedings (cont) AR20120012092
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