BOARD DATE:	  2 May 2013

		DOCKET NUMBER:  AR20120018560 


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 the social security number (SSN) shown in his military service records and on his DD Form 214 (Report of Separation from Active Duty) ending on 8 February 1976 and DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 22 January 1981.

2.  The applicant states his SSN was incorrectly entered in his military service records.  He informed Army personnel of this during his period of service and he was told it would be taken care of.  He needs it corrected for social security benefits.  

3.  The applicant provides:

* Georgia (GA) Identification Card
* social security card
* printout from the Social Security Administration

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 enlisted in the U.S. Army Reserve (USAR) on 10 October 1974. He was ordered to active duty for training (ADT) and entered on AD on 2 October 1975.  

3.  His records contain:

* a DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 10 October 1974, which lists his SSN as "XXX-XX-7447"
* a DD Form 398 (Statement of Personal History), dated 10 October 1974,  which he completed, signed, and listed his SSN as "XXX-XX-7447"
* a DA Form 3538 (Certificate and Acknowledgement of Service Requirements for Individuals Enlisting in the USAR Under the Reserve Enlistment Program – 1963), dated 10 October 1974, which lists his SSN as "XXX-XX-7447
* a Dependency Statement, dated 10 October 1974, which he completed, signed, and listed his SSN as "XXX-XX-7447"
* a DD Form 93 (Record of Emergency Data), dated 21 June 1979, which lists his SSN as "XXX-XX-7447"
* a DA Form 2-1 (Personnel Qualification Record – Part II), prepared on 4 June 1979, which lists his SSN as "XXX-XX-7447"

4.  On 8 February 1976, he was honorably released from ADT and was transferred to a Reserve unit.  Item 3 (SSN) of his DD Form 214 lists his SSN as
"XXX-XX-7447."

5.  He was again ordered to AD and entered AD on 14 June 1979.  He was honorably discharged on 22 January 1981.  Item 3 of his DD Form 214 lists his SSN as "XXX-XX-7447."

6.  He provides copies of his social security card and a printout from the Social Security Administration that lists his SSN as "XXX-XX-7047."  The copy of the Georgia Identification Card he provides does not list his SSN.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The regulation established standardized policy for preparation of the DD Form 214.  The instructions stated to verify the accuracy of the Soldier's SSN with the SSN of record.

DISCUSSION AND CONCLUSIONS:

1.  When the applicant enlisted in the USAR on 10 October 1974 he recorded his SSN as "XXX-XX-7447."  This SSN is consistent with the SSN he used throughout his military service in the USAR and during his periods of active duty. There is also no record he requested a correction of his SSN between his enlistment date and 22 January 1981.  He did not use the requested SSN during his military service.

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 he now desires to record a different SSN in his service records and on his DD Forms 214, there 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 which includes the two DD Forms 214 were correct at the time they were prepared.  Therefore, there is an insufficient evidentiary basis to grant him relief.

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)                                         AR20120018560





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ABCMR Record of Proceedings (cont)                                         AR20120018560



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