IN THE CASE OF:	  

		BOARD DATE:	  27 March 2014

		DOCKET NUMBER:  AR20130012819 


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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as "XXX-XX-XX2X" instead of "XXX-XX-XX9X."

2.  The applicant states his DD Form 214 incorrectly shows the eighth digit of his SSN as "9" instead of "2."  The number "9" was mistakenly written instead of "2" during recruitment in San Jose, CA.

3.  The applicant provides copies of his:

* DD Form 214
* social security card
* California driver's license
* Honorable Discharge Certificate

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 records include the DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) prepared during his enlistment processing.  Item 2 (Social Security Account Number) shows the entry 
"XXX-XX-XX9X" which he now claims is incorrect.

3.  On 20 June 1979, he enlisted in the Regular Army.  The DA Form 2-1 (Personnel Qualification Record) prepared upon his entry on active duty shows the SSN he claims is incorrect.

4.  All of the documents contained in his military records show his SSN as 
"XXX-XX-XX9X" which he now claims is incorrect.

5.  On 7 June 1985, the applicant was honorably discharged after completing 5 years, 11 months, and 18 days of total active duty service.  Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-XX9X."

6.  The applicant provided a copy of his social security card which shows his SSN as "XXX-XX-XX2X."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's military record includes a DD Form 4 and DA Form 2-1 which show the SSN he disclosed upon enlistment is the same SSN he now claims is incorrect.  His records clearly show this SSN on all appropriate documents maintained throughout his military service.  He authenticated these documents with his signature when required.

2.  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 that the applicant desires the his military records to now record his current SSN as shown on the evidence he provides, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

3.  Absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, were correct at the time of preparation and there is insufficient evidence to grant relief in this case.

4.  The applicant is advised that a copy of this decisional document will be filed in his military records.  This should serve to clarify any questions or confusion regarding the different SSN's and to satisfy his desire to have his current SSN documented in his records.

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 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)                                         AR20130012819



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ABCMR Record of Proceedings (cont)                                         AR20130012819



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