IN THE CASE OF: BOARD DATE: 15 December 2009 DOCKET NUMBER: AR20090011050 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 that his 16 December 1981 DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to show his correct social security number (SSN). 2. The applicant states that the SSN XXX-XX-3159 is incorrect and should be listed as XXX-XX-6528. 3. The applicant provides copies of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), Social Security Administration SSN verification, social security card, and driver's license. 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's record shows he enlisted in the Army National Guard (ARNG) on 10 April 1981. His SSN on his enlistment contract is shown as XXX-XX-3159. Orders and other record documents dated 11 December 1981 and earlier also show the same SSN. 3. The applicant's 9 May 1984 NGB Form 22 lists his SSN as XXX-XX-3159. 4. The verification from the Social Security Administration does not list the applicant's name or SSN. 5. The applicant provided a copy of his social security card and a copy of the same card is contained in his record. His social security card shows his SSN as XXX-XX-6528. Additionally, his Veterans Administration (VA) Form 29-8286 (Servicemen's Group Life Insurance Election) dated 16 October 1982 and orders dated 26 June 1984 show the same SSN. 6. The applicant's DA Form 2-1 (Personnel Qualification Record) lists his SSN as XXX-XX-3159. 7. Orders D-04-025807, dated 8 April 1987, show the applicant was honorably discharged. His SSN on this order is listed as XXX-XX-3159. 8 Army Regulation 601-210 (Active and Reserve Components Enlistment Program) states, in pertinent part, that no person will be tested or processed for enlistment into the Regular Army, U.S. Army Reserve, or ARNG without an SSN or social security card. The social security card will be the primary document used to verify the SSN. A social security printout, commonly known as an SSA number identification printout, may also be used to verify the SSN. DISCUSSION AND CONCLUSIONS: 1. The applicant's SSN shown on his ARNG enlistment contract, his NGB Form 22, DA Form 2-1, and his separation orders is XXX-XX-3159. According to Army Regulation 601-210, verification of the applicant's SSN was required at the time of his enlistment. 2. Although the applicant's social security card, VA Form 29-8286, and an order contained in his records show his SSN as XXX-XX-6528, he has provided no evidence or explanation as to why his records contain two different SSN. The verification from the Social Security Administration does not contain his name or either SSNs and is therefore irrelevant. 3. Since there is no evidence and the applicant has not provided any to show that SSN XXX-XX-6528 is, in fact, his correct SSN and that SSN XXX-XX-3159 was erroneously assigned, the presumption of regularity must be applied in this case. 4. In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement. 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) AR20090011050 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090011050 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1