IN THE CASE OF:	  

		BOARD DATE:	  27 July 2011

		DOCKET NUMBER:  AR20110000722 


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 social security number (SSN) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 25 September 1968 to show SSN 
"XXX-XX-" instead of "XXX-XX-."

2.  The applicant states he did not notice the error in his SSN until he applied for veteran's benefits.

3.  The applicant provides:

* his DD Form 214
* a copy of his social security card

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 (RA) on 3 August 1966 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty 63B (Wheel Vehicle Mechanic).  His DD Form 4 (Enlistment Record - Armed Forces of the United States) indicates he was assigned military service number (SN) "RA XX XXX ."

3.  During the period the applicant served in the military Soldiers were identified by their military SN.  The Army discontinued using the military SN as an identifier and began using the SSN on 1 July 1969.  Documents throughout his military personnel records jacket (MPRJ) identify him mainly by his military SN.

4.  Many documents in his MPRJ identify him with both SN "RA XX XXX " and SSN "XXX-XX-."

	a.  His DA Form 20 (Enlisted Qualification Record) identifies him with both SN "RA XX XXX " and SSN "XXX-XX-."

	b.  His orders for separation, dated 23 September 1968, identify him with both SN "RA XX XXX " and SSN "XXX-XX-."

5.  There are no documents in his MPRJ showing his SSN as "XXX-XX-."  His MPRJ does not contain a DA Form 2139 (Military Pay Voucher).

6.  On 25 September 1968, the applicant was released from active duty.  His DD Form 214 shows his SN as "RA XX XXX " and his SSN as 
"XXX-XX-."

7.  Army Regulation 635-5 (Separation Documents), effective 1 February 1967, stated the SSN in item 3 of the DD Form 214 would be transcribed from the Soldier's DA Form 2139.

DISCUSSION AND CONCLUSIONS:

1.  During the period the applicant served in the Army Soldiers were identified by their military SN.  However, the few documents in his MPRJ that show both his SN and his SSN show his SSN as "XXX-XX-."  The SSN "XXX-XX-" is not shown anywhere in his MPRJ.  There is no DA Form 2139 available.

2.  The social security card provided by the applicant is insufficient to change the SSN on his DD Form 214 without additional corroborating evidence.

3.  The preponderance of evidence in this case shows the applicant used SSN "XXX-XX-" during his active service.

4.  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, this Board is reluctant to recommend that those records be changed.

5.  This Record of Proceedings, along with his application and supporting documents, will be filed in his military record in order provide clarity and to deal with any confusion that may arise regarding the difference in his SSN.  Filing the Board's decisional document will also guarantee the historical integrity of the applicant's military record regarding the SSN under which he served.  

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)                                         AR20110000722



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ABCMR Record of Proceedings (cont)                                         AR20110000722



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