IN THE CASE OF:
BOARD DATE: 21 APRIL 2009
DOCKET NUMBER: AR20080017917
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to show his correct social security number (SSN).
2. The applicant states that the SSN he used during high school and his entire military service is the number he received verbally from his mother. He explains that in 1986 he was required to furnish the Internal Revenue Service (IRS) a copy of his social security card which he did not have. Upon requesting a copy of the card at the social security office, he was issued a new social security card with a new SSN.
3. The applicant provides a copy of his social security card, drivers license,
DD Form 214, income tax documents, IRS letter, and Form 4149 (Information to Correct Invalid 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. The applicant's record shows he enlisted in the Regular Army on
11 December 1978. His SSN on his enlistment contract is shown as
XXX-50-XXXX. Orders and other documents subsequent to his enlistment also show the same SSN.
3. The applicant's DD Form 214, item 3, shows his SSN as XXX-50-XXXX.
4. On 24 September 1986, IRS requested that the applicant return the Form 4149 with a copy of his social security card.
5. The applicant's income tax documents from 1981 through 1885 show his SSN as XXX-50-XXXX.
6. The applicant's social security card shows his social security number as XXX-54-XXXX.
7. Army Regulation 635-5 (Separation Documents) states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicants SSN when he enlisted in the Army, throughout his service, and at the time he was released from active duty was XXX-50-XXXX. The applicants correction of his SSN did not occur until approximately four years after he was issued his DD Form 214. As cited in the above regulation, any changes to the applicants separation documents that occur after the date of release from active duty, retirement, or discharge are not authorized to be reflected on this document. Therefore, the SSN contained on the applicants DD Form 214 is correct as constituted.
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 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.
3. The applicant is advised that a copy of this decision document along with his application and the supporting evidence he provided, which confirms his correct SSN, will be filed in his Military Personnel Records. This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military records.
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.
ABCMR Record of Proceedings (cont) AR20080017917
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ABCMR Record of Proceedings (cont) AR20080017917
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