BOARD DATE: 1 November 2012 DOCKET NUMBER: AR20120007161 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 (Armed Forces of the United States Report of Transfer or Discharge) to show the fifth digit of his Social Security Number (SSN) to XXX- instead of XXX-. 2. The applicant states prior to joining the Army his mother gave him his father's SSN card, which he used during his entire military service. He would like all his military service records corrected in this matter. 3. The applicant provides: * two DD Forms 214, for the periods ending 28 January 1967 and 28 February 1969 * a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 4 May 1977 * a social security statement * a State of South Carolina Certificate of Death 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 enlisted in the Regular Army on 31 January 1972. His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 31 January 1972, shows the applicant's fourth through ninth digits of his SSN as XXX-. 3. All documents in the applicant’s service records show his SSN from the fourth through ninth digits as XXX-. 4. On 7 September 1973, the applicant was honorably released from active duty. His DD Form 214 shows his SSN as XXX-. 5. A DD Form 215, dated 4 May 1977, was issued to the applicant that corrected item 3 (Social Security Number) of his DD Form 214 by adding the entry "XXX-94-4275." 6. The applicant provided a copy of a social security statement, which shows the fourth through ninth digits of his SSN as XXX-. 7. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. DISCUSSION AND CONCLUSIONS: 1. The applicant’s request for change of his SSN was carefully considered and it was determined there is insufficient evidence to support his request. 2. The preponderance of evidence shows from the applicant's entry to his separation from the military he used the SSN with the fourth through ninth digits as XXX-. After his separation from the military, he had his fourth through ninth SSN digits corrected to read "XXX-94-4275" on his DD Form 214. He now provides his social security statement that shows his SSN as "XXX- ." 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed, especially when the record cannot be absolutely verified one way or another. While it is understandable the applicant desires to now record his correct SSN in his military records, there is not a sufficiently compelling reason to decide which SSN was correct during the period he served. 4. The applicant is advised that a copy of this decisional document will be filed in his records. This should serve to clarify any questions or confusion in regard to the different SSNs recorded in his military record and to satisfy his desire to have his correct SSN documented in his military record. 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) AR20120007161 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120007161 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1