IN THE CASE OF: BOARD DATE: 30 August 2012 DOCKET NUMBER: AR20120004661 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 the second digit of his social security number (SSN) be changed from a "7" to a "6" on his DD Form 214 (Report of Separation from Active Duty) with an effective date of 20 December 1977. 2. The applicant states the SSN on his DD Form 214 is not his valid SSN number. 3. The applicant provides his: * social security card * DD Form 214 * DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) * DD Form 1966 (Application for Enlistment - Armed Forces of the United States) (mostly unreadable) * orders for enlistment * DD Form 93 (Record of Emergency Data) 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. He enlisted in the Regular Army on 15 November 1977 for a period of 4 years 3. The following documents in his Military Personnel Records Jacket (MPRJ) show his SSN with the second digit as "7": * DD Form 4 * DD Form 1966 * an approved DD Form 1584 (National Agency Check Request) 4. All other documents in his MPRJ reflect, where required, his SSN with the second digit as "7." 5. On 20 December 1977, he was discharged by reason of failure to meet established physical standards (no disability). His DD Form 214 shows his SSN with the second digit as "7." 6. The social security card he provided shows his SSN with the second digit as "6." 7. The DD Form 93 and his orders for enlistment that he provided show his SSN with the second digit as a "7." 8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation. DISCUSSION AND CONCLUSIONS: 1. His MPRJ shows he enlisted and consistently used the SSN that is currently shown on his DD Form 214. When required by various documents, he authenticated his SSN by signing in the appropriate blocks indicating it was his correct SSN. 2. In the absence of evidence to the contrary, it is presumed the SSN with the second digit as "7" that he used throughout his military service was correct. The social security card he provided shows the second digit of his SSN as a "6." However, this is insufficient to change the SSN under which he served his military service. 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. There is a reluctance to recommend that those records be changed. 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) AR20120004661 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120004661 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1