IN THE CASE OF:	  

		BOARD DATE:	  20 June 2013

		DOCKET NUMBER:  AR20120021407 


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 (Report of Separation from Active Duty) to show his Social Security Number (SSN) as X30-XX-6180 vice X23-XX-0216.

2.  The applicant states the Army recruiter and the Boston Military Entrance Processing Station (MEPS) made an error at the time of his enlistment.

3.  The applicant provides his DD Form 214, a Medicare Health Insurance card, a 
Social Security card, and a Certificate of Birth.

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 conjunction with his enlistment in the U.S. Army Reserve (USAR) delayed entry program (DEP), the applicant completed a DD Form 398 (Statement of Personal History), dated 7 February 1975, wherein he listed his SSN as
X23-XX-0216.  He authenticated this form by placing his signature in the appropriate block on that date.

3.  He enlisted in the USAR DEP on 18 February 1975.  His DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 18 February 1975, shows his SSN as X23-XX-0216.  He was discharged from the USAR DEP on 25 February 1975 for the purpose of enlisting in the Regular Army (RA).

4.  On 26 February 1975, he enlisted in the RA and he held military occupational specialty 11C (Indirect Fire Infantryman).  His DD Form 4, dated 26 February 1975, shows his SSN as X23-XX-0216.

5.  His DA Form 2-1 (Personnel Qualification Record) created on 9 July 1975 shows his SSN as X23-XX-0216.  He last reviewed this form on 10 July 1975 by placing his signature in the appropriate block.

6.  His record contains numerous orders, personnel, and legal documents that all show his SSN as X23-XX-0216.  He authenticated many of these documents by placing his signature in the appropriate block.

7.  On 1 April 1976, he was discharged from the Army under the Expeditious Discharge Program.  He completed 1 year, 1 month, and 6 days of total active service.

8.  Item 3 (SSN) of the DD Form 214 he was issued shows his SSN as
X23-XX-0216.

9.  The applicant provides a Social Security card, undated, showing someone with the same full name as the applicant with the assigned SSN of X30-XX-6180, the SSN he now claims is his.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant listed his SSN as X23-XX-0216 upon his enlistment in the USAR and the RA.  This SSN is consistent with the SSN he used throughout his period of 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 is correct during his period of military service.  


2.  In view of the foregoing, there is an insufficient evidentiary 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 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.

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

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)                                         AR20120021407



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ABCMR Record of Proceedings (cont)                                         AR20120021407



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