IN THE CASE OF:	  

		BOARD DATE:	  30 May 2013

		DOCKET NUMBER:  AR20120020591 


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 (Certificate of Release or Discharge from Active Duty) to show the last two digits of his social security number (SSN) as "84" vice "36."

2.  The applicant states his SSN should be shown with the last two digits of his SSN as "84."

3.  The applicant provides his DD Form 214, a DD Form 215 (Correction to 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's records show he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 6 October 1983.  His DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) that was completed on 6 October 1983 shows the last two digits of his SSN as "34."  He authenticated this form by placing his signature in the appropriate block on that date.  He was discharged from the DEP on 22 November 1983.

3.  He enlisted in the Regular Army (RA) on 22 November 1983.  His
DA Form 2-1 (Personnel Qualification Record) created upon his entry on active duty shows his SSN with the last two digits as "34."  He authenticated this form by placing his signature in the appropriate block on 25 November 1983 and when he reviewed the form on 25 September 1985.

4.  His record contains numerous orders, personnel, medical, and legal documents that all show his SSN with the last two digits as "34."  He authenticated many of these documents by placing his signature in the appropriate block.

5.  He was discharged from active duty on 27 September 1985.  Item 3 (SSN) of the DD Form 214 he was issued shows his SSN with the last two digits as "36."

6.  His records contain a DD Form 215, dated 2 December 1985, wherein it corrected item 3 of his DD Form 214 to show the last two digits of his SSN as "34" vice "36."

7.  The applicant provides a social security card, dated 9 December 2010, wherein it shows his SSN as shown on his DD Form 214 but with the last two digits as "84."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant listed his SSN with the last two digits as "34" upon his enlistment in the USAR and his entry into the RA.  This SSN is consistent with the SSN he used throughout his period of military service.  He authenticated many documents by placing his signature in the appropriate place indicating the information provided, including his SSN, was correct.  He did not use the SSN he now claims during his period of service.  Although his DD Form 214 was prepared incorrectly showing the last two digits of his SSN as "36," he was subsequently issued a DD Form 215 that corrected this error to show his SSN with the last two digits as "34."

2.  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 and there is not a sufficiently compelling reason for compromising the integrity of the Army’s records.  Therefore, he is not entitled to the correction of his DD Form 214 to show his SSN with the last two digits as "84."

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)                                         AR20120020591





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ABCMR Record of Proceedings (cont)                                         AR20120020591



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