IN THE CASE OF:
BOARD DATE: 10 MARCH 2009
DOCKET NUMBER: AR20080014385
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 her Social Security Number (SSN) be corrected in item 3 (Social Security No.) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 5 June 1991.
2. The applicant states that the SSN shown on her DD Form 214 for the period ending 5 June 1991 is incorrect. She states that her new SSN is 6xx-0x-2xxx. She also states that when she was in Saudi Arabia she was notified by the Social Security Administration that the number she had was not valid and that she informed her unit but it was never corrected.
3. The applicant provides a Social Security card and a copy of her DD Form 214 for the period ending 5 June 1991 in support of her application.
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 applicants enlistment contract, dated 16 February 1989, shows the SSN 5xx-9x-7xxx. She enlisted in the Regular Army on 16 February 1989 for a period of 4 years. On 30 May 1989, she was released from active duty under the provisions of Army Regulation, chapter 5, for pregnancy and transferred to the U.S. Army Reserve Control Group (Annual Training).
3. Item 3 of the applicants DD Form 214 for the period ending 30 May 1989 shows the SSN 5xx-9x-7xxx.
4. The applicant was ordered to active duty on 6 December 1990 in support of Operation Desert Shield/Storm. On 5 June 1991, she was released from active duty.
5. Item 3 of the applicants DD Form 214 for the period ending 5 June 1991 shows the SSN 5xx-9x-7xxx.
6. All of the applicants service personnel records show the SSN 5xx-9x-7xxx.
7. In support of her claim, the applicant provided a Social Security card which shows her SSN is 6xx-0x-2xxx.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the same SSN was used at the time of the applicants 1989 enlistment, her release from active duty on 30 May 1989, and her release from active duty on 5 June 1991.
2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed. Therefore, there is an insufficient basis for amending her SSN on her DD Form 214 for the period ending 5 June 1991.
3. This Board action will be filed in the applicants official military records so that a record of her SSN will be on hand.
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.
___________XXX______________
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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