IN THE CASE OF:	  

		BOARD DATE:  18 July 2013

		DOCKET NUMBER:  AR20120022756 


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, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 17 April 1979 and his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 November 1981 to show his social security number (SSN) with the sixth and seventh digits as "99" vice "88."

2.  The applicant states his SSN was printed and submitted in error when he enlisted in the military.

3.  The applicant provides a Social Security Administration printout.

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 the applicant's enlistment in the U.S. Army Reserve (USAR), he completed a DD Form 1966 (Application for Enlistment - Armed Forces of the United States) on an unknown day in August 1978 wherein he listed his SSN with the sixth and seventh digits as "88."  

3.  The applicant's records show he enlisted in the USAR on 12 September 1978. His DD Form 4 (Enlistment or Reenlistment Agreement-Armed Forces of the United States), dated 12 September 1978, shows his SSN with the sixth and seventh digits as "88."  He authenticated this form by placing his signature in the appropriate block on that date.

4.  His records contain a DD Form 1584 (National Agency Check Request), dated 12 September 1978, wherein his SSN is listed with the sixth and seventh digits as "88."

5.  He entered active duty for training (ADT) on 2 January 1979 and he was honorably released from ADT on 17 April 1979.  Item 3 (SSN) of the DD Form 214 he was issued for this period of service shows his SSN with the sixth and seventh digits as "88."

6.  His record contains numerous orders, personnel, and legal documents that all show his SSN with the sixth and seventh digits as "88."  He authenticated many of these documents by placing his signature in the appropriate block.

7.  He entered active duty as a member of the USAR on 29 February 1980.  His DA Form 2-1 (Personnel Qualification Record) created upon his entry on active duty during this period of service shows his SSN with the sixth and seventh digits as "88."  He placed his signature in the appropriate block of this form on an unknown date.

8.  On 20 November 1981, he was released from active duty to the control of the USAR.  Item 3 of the DD Form 214 he was issued for this period of service shows his SSN with the sixth and seventh digits as "88."

9.  Orders D-08-041573, dated 29 August 1984, issued by the USAR Personnel Center, honorably discharged him from the USAR.  These orders show his SSN with the sixth and seventh digits as "88."

10.  The applicant provides a Social Security Administration printout, dated 10 December 2012, showing someone with the same full name as the applicant was assigned an SSN with the sixth and seventh digits as "99." 


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant listed his SSN with the sixth and seventh digits as "88" upon his enlistment in the USAR.  This SSN is consistent with the SSN he used throughout his period of service in the USAR and during his two periods of active duty 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 request.

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.  While it is understandable the applicant desires to record the SSN he now claims in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this time.

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.  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 the SSN he now claims 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)                                         AR20120022756





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ABCMR Record of Proceedings (cont)                                         AR20120022756



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