IN THE CASE OF: BOARD DATE: 4 August 2011 DOCKET NUMBER: AR20110002640 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, in effect, correction of the social security number (SSN) shown on his DD Form 214 (Report of Separation from Active Duty). 2. He states his SSN was not recorded correctly on his DD Form 214. According to the Social Security Administration, his first social security card was issued in 1974, and he joined the military on 12 July 1976. 3. He provides his DD Form 214, a letter from the Social Security Administration, and 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. The applicant enlisted in the Regular Army on 12 July 1976. He was honorably discharged on 19 August 1977. 3. Item 2 (SSN) of the DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) completed when he enlisted shows SSN XX8-X4-XXXX. 4. Item 3 (SSN) of his DD Form 214 shows SSN XX8-X4-XXXX. 5. A review of his Official Military Personnel File (OMPF) shows he served under the SSN XX8-X4-XXXX throughout his Army service. It also shows that documents requiring his signature and containing his SSN show the SSN he now claims is incorrect. 6. He provides a social security card showing his SSN is XX3-X2-XXXX. 7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The version of the regulation in effect at the time stated for item 3 to check records with the separatee's social security card when possible. Otherwise, verify the accuracy of the SSN of record. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant entered active service using SSN XX8-X4-XXXX, and throughout his period of military service he signed official documents containing SSN XX8-X4-XXXX, which he now claims is incorrect. It appears his social security card was not available when he enlisted or when he was discharged and SSN XX8-X4-XXXX became his SSN of record. Therefore, there is no basis for granting the applicant's requested relief. 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 applicant desires to now record his correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date. 3. The applicant is advised that a copy of this decisional document along with her application and the supporting evidence he provided, which confirms his SSN, will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and satisfies 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) AR20110002640 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110002640 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1