IN THE CASE OF:
BOARD DATE: 24 March 2009
DOCKET NUMBER: AR20080015655
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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct social security number.
2. The applicant states, in effect, that his social security number was being used by another person so he acquired a new social security number.
3. The applicant provides a copy of his DD Form 214 and current social security card with new number in support of his 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. On 14 July 1967, the applicant was inducted into the Army of the United States for 2 years. The military assigned him the service number US ## ### ###. His social security number at the time was 450-##-####.
3. The applicant completed his initial training and was awarded military occupational specialty 76V (Equipment Storage Specialist). He was subsequently assigned for duty as a supply handler and packing and crating specialist with the 35th Supply and Service Battalion in the Federal Republic of Germany.
4. On or about 22 June 1969, the applicant returned to the United States and was released from active duty. He had attained the rank of specialist four, pay grade E-4, and had completed 1 year, 11 months, and 9 days of creditable active duty service.
5. In reviewing the applicant's records, it is noted that virtually every document that required the entry of his social security number contains the same number that was used when he initially entered active duty.
6. Item 3 (Social Security Number) of the applicant's DD Form 214 shows his social security number as 450-##-####.
7. The applicant has provided a copy of his current social security card. It shows his social security number as 464-##-####.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to reflect his subsequent change of social security number.
2. The applicant entered the Army using social security number 450-##-####. He used this number throughout his period of service. There is no evidence presented that shows the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the social security number under which he served. The fact that he now desires to change this number to his current social security number for personal reasons is not a sufficiently mitigating factor that warrants granting this requested relief.
3. For historical purposes the Army has an interest in maintaining the accuracy of its records. The information contained in those records must 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 social security number, 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 social security number and the one recorded in his military record.
5. Therefore, there is no basis for granting the applicant's request to change the social security number that he used during his military service.
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) AR20080015655
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ABCMR Record of Proceedings (cont) AR20080015655
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