IN THE CASE OF: BOARD DATE: 7 February 2012 DOCKET NUMBER: AR20110015031 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 military records to show his Social Security Number (SSN) as "XXX-XX-XX4X" instead of "XXX-XX-XX9X." 2. The applicant states: * His correct SSN is "XXX-XX-XX4X" * Due to a clerical error in 1975, the Social Security Administration (SSA) issued him a card with SSN "XXX-XX-XX9X" * The error was eventually corrected * When he replaced his worn out Social Security card in February 2010 he was advised his correct SSN was forwarded to the Department of Defense by the SSA 3. The applicant provides 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. Having prior inactive service in the U.S. Army Reserve (USAR), the applicant enlisted in the Regular Army (RA) on 9 October 1980 for a period of 4 years. His enlistment document shows SSN "XXX-XX-XX9X." He completed training and he was awarded military occupational specialty 63N (M60A1/A3 tank systems mechanic). On 8 August 1985, he was honorably released from active duty and transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation. 3. Item 3 of his DD Form 214 shows SSN "XXX-XX-XX9X." 4. His service personnel records show SSN "XXX-XX-XX9X." 5. He was honorably discharged from the USAR on 7 June 1988. His discharge orders show SSN "XXX-XX-XX9X." 6. He provided his Social Security card which shows SSN "XXX-XX-XX4X." 7. Army Regulation 635-5 (Separation Documents) 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 that 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. He contends the SSN shown on his military records is incorrect and should read "XXX-XX-XX4X." However, the evidence of record shows the SSN of "XXX-XX-XX9X" was used when he enlisted in the RA in 1980, when he was released from active duty in 1985, and when he was discharged from the USAR in 1988. 2. For historical purposes, the Army has an interest in maintaining the integrity 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, there is a reluctance to recommend that those records be changed. Therefore, there is an insufficient basis for amending his SSN on his military records. 3. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct SSN, will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have his correct SSN documented in his OMPF. 4. In view of the foregoing, there is no basis for granting the applicant's request. 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) AR20110015031 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110015031 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1