IN THE CASE OF:	  

		BOARD DATE:	  14 February 2012

		DOCKET NUMBER:  AR20110016351 


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-xx-xx72" rather than "xxx-xx-xx57."

2.  The applicant states the SSN on his DD Form 214 is incorrect. 

3.  The applicant provides a:

* letter from the Social Security Administration
* 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 was inducted in the Army of the United States on 19 October 1965.  He completed training and was awarded military occupational specialty 71B (Clerk Typist).  The highest rank/grade he attained while on active duty was specialist four/E-4.

3.  The applicant's DD Form 47 (Record of Induction) shows his SSN as "xxx-xx-xx57."

4.  Item 3 (SSN) of his DD Form 214 shows "xxx-xx-xx57."

5.  A review of his official military personnel file (OMPF) shows his service number rather than his SSN was used throughout his military service.  

6.  There is no evidence of record and the applicant did not provide any evidence that shows he raised the issue of an incorrect SSN at any time during his active service.

7.  The applicant was honorably released from active duty on 20 September 1967 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.

8.  The social security card and letter from the Social Security Administration he provides shows his SSN as "xxx-xx-xx72."  

9.  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 verify accuracy with the SSN of record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record of induction shows he entered active service using the SSN xxx-xx-xx57.  However, his military service number was otherwise used throughout his period of service rather than his SSN.

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 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 have the SSN he currently uses recorded 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 which confirms his SSN will be filed in his OMPF.  This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military record and satisfy his desire to have his current 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)                                         AR20110016351



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ABCMR Record of Proceedings (cont)                                         AR20110016351



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