IN THE CASE OF:
BOARD DATE: 12 February 2009
DOCKET NUMBER: AR20080011443
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 the Social Security Number (SSN) he served under be changed from XXX-XX-2828 to XXX-XX-9314.
2. The applicant states, in effect, that he had difficulty getting the Social Security Administration (SSA) to verify his correct SSN.
3. The applicant provides copies of his DD Form 214 (Report of Transfer or Discharge) and an SSA printout in support of his request.
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 served on active duty from 17 May 1968 through 24 December 1968.
3. All documentation contained in the applicant's record including his enlistment contract and his Federal Bureau of Investigation security records check shows his SSN as XXX-XX-2828
4. The SSA printout shows SSN XXX-XX-9314 is currently assigned to an individual of the same name as the applicant. There is no additional information on the printout to identify this person.
DISCUSSION AND CONCLUSIONS:
1. The applicant served his entire period of service under SSN XXX-XX-2828. There is no documentation to show that this was an incorrectly issued number.
2. The Army has an interest in maintaining the integrity of its records for historical purposes. The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created. The applicant has failed to establish a basis for compromising the integrity of the Army's records. However, the Record of Proceedings will be filed in the applicant's military records; therefore, a record of the additional SSN issued by the SSA will be on hand to clarify any questions that may arise.
3. 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
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) AR20080011443
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ABCMR Record of Proceedings (cont) AR20080011443
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