IN THE CASE OF:	  

		BOARD DATE:	  6 October 2011

		DOCKET NUMBER:  AR20110005083 


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 Transfer or Discharge) to show a completely different social security number (SSN).

2.  The applicant states his SSN was incorrectly entered into his military record and this clerical error prohibits him from obtaining any veteran's benefits.
 
3.  The applicant provides his:

* Ohio Driver License
* Social Security card
* Certificate of Live 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.  A review of all documents contained in his official military personnel file (OMPF) containing an SSN consistently shows the same SSN as that on his
DD Form 214.  These documents include the following and were authenticated by the applicant's signature:

* DD Form 398 (Statement of Personal History), dated 29 July 1974
* DD Form 4 (Enlistment Contract), dated 30 July 1974
* Standard Form 93 (Report of Medical History), dated 30 July 1974
* Armed Forces Fingerprint Card, dated 2 August 1974
* Record of Emergency Data, dated 2 August 1974
* DA Form 2-1 (Personnel Qualification Record), dated 2 August 1974
* DA Form 3082-R (Statement of Medical Condition), dated 7 March1975

3. The applicant provides a copy of his Ohio Driver License and Social Security card that contains an SSN that is completely different than that shown on his
DD Form 214.

4.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  This regulation established standardized policy for the preparation of the DD Form 214.  It stated the complete name and SSN of the separating service member would be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his military records to show his SSN as shown on his driver license and Social Security card; however, all documents in his OMPF containing an SSN show he served in the Army using the same SSN as shown on his DD Form 214.

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.  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 which confirms his current SSN will be filed in his 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 OMPF.

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)                                         AR20110005083



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ABCMR Record of Proceedings (cont)                                         AR20110005083



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