IN THE CASE OF:
BOARD DATE: 23 December 2008
DOCKET NUMBER: AR20080007476
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, in effect, that item 3 (Social Security Number [SSN]) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected from 437-xx-xxxx to 550-xx-xxxx.
2. The applicant states that his SSN while in the military was wrong. He states that when he enlisted in his U.S. Army in 1984 his father provided the paperwork that they thought had the correct Social Security Number, but it turned out to be incorrect. He would like to have his SSN corrected so that he can have credit for his service time and to apply for a civil service job.
3. The applicant provides a copy of his DD Form 214, Form SSA-2458 (Report of Confidential Social Security Benefit Information), SSN Verification printout from the Social Security Administration Field Office, and a photocopy of 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 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 applicant's military personnel record shows he enlisted in the Regular Army on 21 June 1984. He completed the necessary training and was awarded military occupational specialty (MOS) 72E (Tactical Telecommunications Center Operator).
3. He was honorably released from active duty on 17 April 1987 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining military service obligation. He completed 2 years, 9 months, and
27 days of active service.
4. The applicant's military records show that his SSN of 437-xx-xxxx remained consistent throughout his military service. Item 3 of the applicant's DD Form 214 shows the entry "437-xx-xxxx."
5. The Social Security card the applicant submitted shows the number
"550-xx-xxxx," but it does not show a date of issue.
6. The Form SSA-2458 the applicant submitted states that SSN 437-xx-xxxx does not belong to the applicant. No further explanation was made as to why his Social Security Number was incorrect. The SSN verification printout shows that SSN 550-xx-xxxx is assigned to the applicant.
7. Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214. This regulation provided, in pertinent part, the accuracy of a Soldier's Social Security Number should be verified by his Social Security card.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that Item 3 of his DD Form 214 should be corrected from 437-xx-xxxx to 550-xx-xxxx.
2. The records reflect the SSN under which military service was performed. In the absence of a showing of material error or injustice, those records should not be changed.
3. For historical purposes, the Army has an interest in maintaining the accuracy 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. While it is understandable the applicant desires to now record his
correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. 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.
5. In view of the forgoing, 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:
1. 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) AR20080007476
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ABCMR Record of Proceedings (cont) AR20080007476
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