IN THE CASE OF:	  

		BOARD DATE:	  11 April 2013

		DOCKET NUMBER:  AR20120017907 


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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as "366-XX-XXXX."

2.  The applicant states the SSN recorded on his DD Form 214 is incorrectly listed as "336-XX-XXXX."

3.  The applicant provides a copy of his DD Form 214.

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 U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 16 September 1985.  He was discharged from the USAR DEP on 6 July 1976 and he enlisted in the Regular Army on 7 July 1986.  His records contain:

* a DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 16 September 1985, which shows his SSN as 
"336-XX-XXXX"
* a DA Form 2-1 (Personnel Qualification Record – Part II), dated 9 July 1986, which he signed and shows his SSN as "336-XX-XXXX
* a DD Form 93 (Record of Emergency Data), dated 9 December 1986, which he signed and shows his SSN as "336-XX-XXXX"

3.  A review of the documents contained in his military record bearing an SSN show his SSN as "336-XX-XXXX."

4.  On 16 May 1988, he was discharged under honorable conditions.   Item 3 (SSN) of his DD Form 214 lists his SSN as "336-XX-XXXX."

5.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The regulation established standardized policy for preparation of the DD Form 214.  The instructions stated to verify the accuracy of the Soldiers SSN with the SSN of record.

DISCUSSION AND CONCLUSIONS:

1.  When the applicant enlisted in the USAR DEP on 16 September 1985 and subsequently in the Regular Army on 7 July 1986, he recorded his SSN as 
"336-XX-XXXX."  This SSN is consistent with the SSN he used throughout his military service.  He did not use the requested SSN during his military service.

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 that he now desires to record his current SSN on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

3.  Absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including his DD Form 214, was correct at the time they were prepared.  Therefore, there is an insufficient evidentiary basis to grant him relief.

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)                                         AR20120017907



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ABCMR Record of Proceedings (cont)                                         AR20120017907



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