IN THE CASE OF:
BOARD DATE: 31 January 2013
DOCKET NUMBER: AR20120013259
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 "XX3-38-XXXX" instead of "XX2-42-XXXX."
2. The applicant states he noticed his SSN was listed incorrectly on his
DD Form 214 when he received a copy of it from the Repository in St. Louis, Missouri.
3. The applicant provides copies of his DD Form 214 and Social Security Administration letter, dated 27 April 2012.
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 record contains a DD Form 47 (Record of Induction) that was completed during his enlistment processing. Item 1 (Last Name-First Name-Middle Name) includes the entry "SSAN: XX2-42-XXXX" as well as his complete name.
3. His record also contains a DD Form 398 (Statement of Personal History) that he completed during his induction processing. Item 13 (Employment) contains a block for his SSN which he completed by entering the SSN he now claims is incorrect.
4. On 16 July 1968, he was inducted into the Army of the United States. He was trained in and awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).
5. The DA Form 20 (Enlisted Qualification Record) prepared upon his entry on active duty lists the SSN he claims is incorrect.
6. On 13 June 1970, the applicant was honorably released from active duty after completing 1 year, 10 months, and 28 days of total active service. Item 3 (SSN) shows the SSN he claims is now incorrect.
7. All documents in the applicant's record containing an SSN list the SSN he claims is incorrect. He also authenticated the documents with his signature when required. There are no documents in his record showing the SSN he now claims is correct.
8. The letter provided by the applicant from the Social Security Administration, dated 27 April 2012, informed him that a new SSN card could not be issued to him without evidence showing his identity, such as his driver's license or identification card. He was also informed that the Social Security Administration could not correct his DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 4, DD Form 398, and all other documents in his record that contain an SSN list the SSN he now claims is incorrect, and he authenticated those documents with his signature when required.
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 understandable that the applicant desires his military records to show the requested SSN is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. Absent convincing, independent, and verifiable evidence to the contrary, it is presumed that the applicant's 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. The applicant is advised that a copy of this decisional document will be filed in his service record. This should serve to clarify any questions or confusion in regard to the different SSNs and to satisfy his desire to have his current SSN documented in his 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) AR20120013259
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ABCMR Record of Proceedings (cont) AR20120013259
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