IN THE CASE OF:
BOARD DATE: 16 May 2013
DOCKET NUMBER: AR20120019709
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-x4xx" instead of "xxx-xx-x6xx."
2. He states the SSN listed on his DD Form 214 is incorrect.
3. He provides his DD Form 214 and his 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 was inducted into the Army of the United States on
13 May 1966. At the time of induction he was assigned a military service number that was primarily used for identification purposes. The majority of the documents contained in his record show his assigned military service number; however, his record contained the following two documents reflecting an SSN:
a. Special Order Number 86, dated 29 April 1968, which shows his SSN as "xxx-xx-x6xx."
b. A DA Form 20 (Enlisted Qualification Record) shows a penciled entry for his SSN of "xxx-xx-x6xx."
3. On 29 April 1968, he was honorably released from active duty and credited with completing 1 year, 11 months, and 17 days of total active service. The
DD Form 214 he was issued at the time shows his SSN as "xxx-xx-x6xx."
4. The applicant provides his social security card that shows his SSN as
"xxx-xx-x4xx."
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers and establishes standardized policy for the preparation of the DD Form 214. 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. It appears the applicant's military service number was used throughout most of his period of service. The two documents in his record reflecting an SSN are Special Order Number 86 and his DA Form 20 which contain SSN xxx-xx-x6xx. Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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 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.
3. 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 the requested SSN. It should also satisfy the applicant's desire to have the requested 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) AR20120019709
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ABCMR Record of Proceedings (cont) AR20120019709
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