IN THE CASE OF:
BOARD DATE: 11 April 2013
DOCKET NUMBER: AR20120018054
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 "xxx-xx-4389" instead of "xxx-xx-8943."
2. The applicant states at the time of his enlistment in January 1968 at the age of 17, he accidently gave the wrong SSN from memory.
3. The applicant provides:
* DD Form 214
* 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 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. The applicant's military record contains a DD Form 398 (Statement of Personal History) he completed during his enlistment processing. It shows he entered the SSN of xxx-xx-8943 in item 13 (Employment).
3. On 5 January 1968, he enlisted in the Regular Army. He was trained in and awarded military occupational specialty 91B (Medical Specialist).
4. His military record contains a DA Form 20 (Enlisted Qualification Record) prepared upon his entry on active duty. Item 1 (Name and Service Number) contains the SSN of xxx-xx-8943.
5. There are no documents in the applicant's military record that list the SSN of "xxx-xx-4389."
6. On 21 May 1970, the applicant was discharged after completing 2 years, 4 months, and 2 days of total active service. The DD Form 214 he was issued at the time shows his SSN as xxx-xx-8943.
7. The applicant provides a copy of his Social Security card that shows his SSN as xxx-xx-4389.
8. 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. The applicant's military record includes a DD Form 398 and DA Form 20 that shows the SSN he disclosed upon his enlistment in the Army. His record clearly lists this SSN on all applicable documents maintained throughout his military service. He authenticated these documents with his signature when required.
2. 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. Therefore, there is no basis for granting the applicant's requested relief.
3. 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 in his military records his correct SSN as shown on his Social Security card, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. 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
________ ________ ________ 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) AR20120018054
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ABCMR Record of Proceedings (cont) AR20120018054
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