IN THE CASE OF:	  

		BOARD DATE:	  18 September 2012

		DOCKET NUMBER:  AR20120006235 


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 the social security number (SSN) shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that the wrong SSN was typed into his records.  He was applying for Department of Veterans Affairs benefits and noticed the number was wrong.

3.  The applicant provides no additional evidence.

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's military record shows he enlisted in the Regular Army on 17 September 1982.

3.  His record contains the following documents:

	a.  DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 1 September 1982, which indicates the same SSN as that shown on his DD Form 214; 

	b.  DA Form 1695 (Oath of Extension of Enlistment), dated 13 April 1984, which indicates the same SSN as that shown on his DD Form 214; and 

	c.  DA Form 2-1 (Personnel Qualification Record - Part II), dated 21 September 1982, which indicates the same SSN as that shown on his DD Form 214.

4.  He was honorably released from active duty on 6 May 1986 and was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  His DD Form 214, Item 3 (SSN), lists the SSN he used throughout his military service and shown on all documents contained within in his military personnel records file.

5.  He was honorably discharged from the USAR on 13 September 1988.  His orders show the same SSN as that shown on his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that at the time of the applicant's enlistment in the Regular Army, and throughout his period of active duty and Reserve service he served under the SSN as shown on his DD Form 214.   All documents contained in his military personnel records jacket list the same SSN.  

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 desires to now record his current SSN on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.



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)                                         AR20120006235





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ABCMR Record of Proceedings (cont)                                         AR20120006235



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