IN THE CASE OF:	  

		BOARD DATE:	  10 November 2011

		DOCKET NUMBER:  AR20110009333 


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) to show the last three digits of his social security number (SSN) as 60 instead of 0.

2.  The applicant states his SSN is XXX-XX-X60 but is shown as XXX-XX-X0 on his DD Form 214.

3.  The applicant provides photocopies of his social security card and California identification 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.  His military records show he enlisted in the Army National Guard (ARNG) on 11 June 194.  He served on initial active duty for training during the period 22 August 194 to 28 January 195.

3.  His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows he was discharged from the ARNG on 3 October 196 and transferred to the U.S. Army Reserve Individual Ready Reserve (IRR) due to unsatisfactory participation.

4.  On 4 October 196, he was involuntarily ordered to active duty from the IRR and served on active duty until 22 March 198.

5.  On 20 April 198, he enlisted in the ARNG.

6.  His two DD Forms 4 (Enlistment Contract – Armed Forces of the United States), NGB Form 22, DD Form 214 for the period ending 28 January 195 covering his initial active duty for training, DD Form 214 for the period ending 22 March 198, and all other documents in his official military personnel file (OMPF) containing an SSN show his SSN as XXX-XX-X0.

.  The copy of the social security card he provides shows his SSN as 
XXX-XX-X60.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provides a copy of a social security card showing his SSN as 
XXX-XX-X60.  However, the SSN used throughout his military service was XXX-XX-X0.  He enlisted, served, and was released from active duty under the SSN currently shown on his DD Forms 214.

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.  There is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to have his military records changed to show the SSN on the social security card he provided, 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 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 the SSN he now uses.

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)                                         AR20110009333



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ABCMR Record of Proceedings (cont)                                         AR20110009333



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