BOARD DATE:	  16 May 2013

		DOCKET NUMBER:  AR20120019294 


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-3080."

2.  The applicant states the SSN shown on his DD Form 214 is not his SSN.

3.  The applicant provides his DD Form 214, social security card, Army Commendation Medal Certificate, and Honorable Discharge Certificate.

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.  In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his SSN as "XXX-XX-6698" (the contested SSN).  He authenticated this form by placing his signature in the appropriate block.

3.  His records show he was inducted into the AUS on 12 July 1967.  His DD Form 47 (Induction Record) listed his service number as well as his SSN in Section X (Fingerprints of Right Hand) as "XXX-XX-6698."

4.  His DA Form 20 (Enlisted Qualification Record) which was created upon his induction lists his SSN as "XXX-XX-6698."  He reviewed this form at a later date and placed his signature in the appropriate block.

5.  His official records contain various documents, including the following documents, that list an SSN the same or similar to the one listed on his DD Form 398.  He authenticated some of these documents when it was appropriate by placing his signature in the appropriate block:

* enlistment orders
* promotion orders
* military occupational specialty orders
* DA Form 41 (Record of Emergency Data)
* separation orders
* Army Commendation Medal orders

6.  He was honorably released from active duty on 11 July 1969 and he was transferred to the U.S. Army Reserve Control Group to complete his military service obligation.  Item 3 (SSN) of his DD Form 214 shows his SSN as 
"XXX-XX-6698."  He authenticated this form with his signature.

7.  On 20 June 1973, the U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, published orders discharging him from the service.  The orders listed the requested SSN (XXX-XX-3080); however, the SSN was lined through and "XXXX-X6-698" was handwritten above it.

8.  He submitted a certificate showing award of the Army Commendation Medal.  He also submitted a social security card showing his SSN as "XXX-XX-3080" and an Honorable Discharge Certificate, dated 1 July 1973, showing the requested SSN.

9.  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.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that upon his induction in the AUS and entry on active duty, the applicant listed his SSN as "XXX-XX-6698."  He consistently used this SSN throughout his active military service.  He authenticated several documents by placing his signature in the appropriate blocks, indicating this was his correct SSN.

2.  Although he was issued orders in June 1973 discharging him from the U.S. Army Reserve showing the requested SSN – this SSN was lined through – and an Honorable Discharge Certificate showing the requested SSN, he never used the requested SSN during his active service.

3.  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.

4.  While it is understandable the applicant desires to now record a different SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.  Therefore, 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.

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 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)                                         AR20120019294



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ABCMR Record of Proceedings (cont)                                         AR20120019294



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