IN THE CASE OF:
BOARD DATE: 29 January 2009
DOCKET NUMBER: AR20080009687
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 military records to show his correct social security number.
2. The applicant states that the social security number in his military records is wrong. He wants it corrected to ensure that he is able to utilize his Department of Veterans Affairs (VA) benefits.
3. The applicant provides copies of his Certificate of Release or Discharge from Active Duty (DD Form 214); Social Security Verification letter; social security card; internet search of his social security number; wage and tax statements for 2007; pay statements for 16-30 April and 1-15 May 2008; and his credit reports using both the incorrect and correct social security number.
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. On 28 January 1994, the applicant enlisted in the United States Army Reserve for 8 years, and agreed to enter active duty on 23 March 1994.
3. On 23 March 1994, the applicant enlisted in the Regular Army using an SSAN of 645 - ## - ####. He completed his initial training to include the Basic Airborne Course and was awarded military occupational specialty (MOS) 75B (Personnel Administration Specialist with parachutist qualification).
4. On 22 March 1998, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement). He had attained the rank of specialist, pay grade E-4, and had completed
4 years of creditable active duty service.
5. On 18 January 2005, the applicant was discharged from the United States Army Reserve with an honorable characterization of service.
6. The available records show that the applicant used the same SSAN throughout his entire military service.
7. The Social Security Administration documents provided by the applicant show that his social security number is 615 - ## - ####. His wage and tax statements for the year 2007 show that he used this same social security number. His credit reports show records under both social security numbers.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his social security number is incorrect in his records and should be corrected.
2. The evidence of record shows that the applicant enlisted and served his entire military service using the social security number of 645 - ## - ####.
3. 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.
4. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided confirming his current SSAN will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in his current SSAN and the one recorded in his military record, and to satisfy his desire to have his current SSAN documented in his record.
5. In view of the above, the applicants request should be denied.
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.
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