BOARD DATE:	  15 November 2011

		DOCKET NUMBER:  AR20110010011 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as XXX-54-XXXX.

2.  The applicant states this error is causing confusion in his current claim for Department of Veterans Affairs (VA) benefits.

3.  The applicant provides copies of his DD Form 214 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 following documents in the applicant's Official Military Personnel File (OMPF) show his SSN to be XXX-52-XXXX.  No document was found to show a different SSN.

* DD Form 47 (Record of Induction) dated 22 January 1970
* Special Orders Number 15, dated 22 January 1970, inducting the applicant for 24 months
* DA Form 428 (Application for Identification Card) dated 13 April 1970
* DA Form 41 (Record of Emergency Data)
* DA Form 2962 (Security Termination Statement and Debriefing Certificate), dated 21 August 1971
* DA Form 20 (Enlisted Qualification Record) audited and signed on 21 August 1971 by the applicant
* Special Orders Number 241, dated 29 August 1971, relieving the applicant from active duty

3.  His DD Form 214 shows the applicant was released from active duty on 29 August 1971.  Item 3 (Social Security Number) shows XXX-52-XXXX.

4.  The applicant has provided a copy of his social security card showing his number to be XXX-54-XXXX.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his social security number as XXX-54-XXXX.

2.  The evidence of record clearly shows that the applicant was inducted into the Army of the United States, served, and was separated, all while using an SSN of XXX-52-XXXX.

3.  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.

4.  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 his current SSN and the one recorded in his military record, and satisfy his desire to have his current SSN documented in his record.

5.  In view of the above, the applicant’s request should be denied.



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)                                         AR20110010011



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ABCMR Record of Proceedings (cont)                                         AR20110010011



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