IN THE CASE OF:
BOARD DATE: 14 September 2013
DOCKET NUMBER: AR20130002564
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 Social Security Number (SSN).
2. The applicant states his DD Form 214 (Report of Transfer or Discharge) shows the middle digits of his SSN as 49 whereas his correct SSN is 40.
3. The applicant provides copies of his DD Form 214, social security card, and driver license.
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 served in the Regular Army honorably from 23 January 1963 through 21 January 1966.
3. A review of his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File, shows that all documents, including his DD Form 398 (Statement of Personal History), containing an SSN show the middle digits as 49.
4. The applicant's DD Form 214 shows an SSN with the middle digits of 49 while his social security card and driver license show 40.
DISCUSSION AND CONCLUSIONS:
1. 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 SSN in his military records as it is listed on his Social Security Card there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
2. The applicant's record contains no reference to an SSN other than the one with the middle digits 49 during his period of active duty. This is the SSN he served under; therefore, there is no basis for granting the applicant's requested relief.
3. The applicant is advised that a copy of this decisional document will be filed in his AMHRR. 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 listed on his Social Security Card 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) AR20130002564
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ABCMR Record of Proceedings (cont) AR20130002564
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