RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 May 2008
DOCKET NUMBER: AR20080000830
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his Social Security Number (SSN) be corrected.
2. The applicant states, in effect, he did not pay close attention to his separation documents at the time of separation but is concerned that his records need to be corrected to prevent future problems. He indicates that his SSN was changed.
3. The applicant provides a copy of a Social Security Card and a statement from the Social Security Administration as to his current SSN.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The available records indicate that the applicant served in the California Army National Guard (CAARNG) from 1 December 1975 through 27 September 1976. The National Guard Bureau Form 22 (Report of Separation and Record of Service in the Army National Guard of California) lists his SSN as XXX-XX-2238.
3. The applicant enlisted in the United States Army Reserve on 22 February 1979. All of his Army Reserve personnel records list his SSN as XXX-XX-2238.
4. The records contain 14 documents in his active duty Service Medical Records, all of which list his SSN as XXX-XX-2238.
5. A letter from the SSA indicates the SSN XXX-XX-2238 is assigned to the applicant.
6. A handwritten note on the letter states that the letter is for verification only, that he used the number before but can no longer use it. There is no explanation as to why the applicant can no longer use this number or why his SSN may have been changed to XXX-XX-0397.
DISCUSSION AND CONCLUSIONS:
1. The applicant indicates that his SSN was changed at some point but does not elaborate as to when or why.
2. The letter from the SSA indicates that the SSN XXX-XX-2238 is assigned to the applicant but is no longer to be used.
3. The applicant served in both the CAARNG and the Army Reserve under the SSN XXX-XX-2238. At the time of his service there is no indication that this was not his correct SSN.
4. For historical purposes, the Army has an interest in maintaining the integrity of its records. The information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed. Therefore, the Board concludes that the name and SSN contained in the applicant's military records and on all of his records should not be changed.
5. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this 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
ABCMR Record of Proceedings (cont) AR20080000830
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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