IN THE CASE OF: BOARD DATE: 13 October 2011 DOCKET NUMBER: AR20110008147 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 (Report of Separation from Active duty) for the period ending 20 April 1979 and all of his service personnel records to show his correct social security number (SSN). 2. He states, in effect, that the wrong SSN was mistakenly placed on all his service personnel records. He states that he was not aware of his correct SSN at the time of his enlistment. He continues that he needs the corrections made for his pension and social security benefits when it comes. 3. He provides: * his DD Form 214 * a copy of his Social Security Card * a copy of his Department of Veterans Affairs (DVA) Identification Card * a copy of a Social Security Administration SSN Verification Statement, dated 10 November 2010 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 25 March 1977 under the SSN 4XX-0X-1XXX. 3. All documents in his service records show his SSN as 4XX-0X-1XXX. 4. On 20 April 1979, the applicant was discharged from active duty under honorable conditions. His DD Form 214 shows his SSN as 4XX-0X-1XXX. 5. He submitted an SSN verification statement that indicates the SSN beginning with 3XX-5X-7XXX is his correct SSN and the SSN beginning with 4XX-0X-1XXX is not his correct SSN. His SSN card and DVA identification card he submitted shows his SSN as 3XX-5X-7XXX. 6. 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. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should actually 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. 2. Although it appears the applicant’s SSN might have been 3XX-5X-7XXX at that time (although the Social Security Administration verification statement does not confirm this), he appropriately served in the Army and was discharged under SSN 4XX-0X-1XXX. While the applicant’s desire to have the records changed is understood, there is no basis for compromising the integrity of the Army’s records. This Record of is Proceedings will be filed in his military records so a record of his SSN will be on hand. 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) AR20110008147 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110008147 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1