IN THE CASE OF:
BOARD DATE: 2 April 2009
DOCKET NUMBER: AR20080018730
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.
2. The applicant states, in effect, that the first digit of her SSN is 4 and not 6. She states that it is essential that she has a correct SSN for any veterans benefits.
3. The applicant provides a DD Form 4 (Enlistment Contract Armed Forces of the United States), a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a DD Form 215 (Correction to DD Form 214), and a statement from the Social Security Administration in support of this 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 applicant enlisted in the Women's Army Corps on 28 August 1970. She completed basic training and advanced individual training and was awarded military occupational specialty 71B (Clerk-Typist). On 2 July 1971, she was honorably discharged.
3. Item 3 (Social Security Number) of the applicant's DD Form 214 is blank.
4. The applicant was issued a DD Form 215, dated 17 October 2008, which corrected item 3 of her DD Form 214 to show her SSN as 6xx-xx-xxxx.
5. Item 1 (Service Number/SSAN) of the applicant's enlistment contract shows her SSN as 6xx-xx-xxxx and her discharge orders show her SSN as 6xx-xx-xxxx.
6. Most documents in the applicant's records show her SSN as 6xx-xx-xxxx. A few documents in her records show her SSN as 1xx-xx-xxxx. There are no documents in the applicant's records which show her SSN as 4xx-xx-xxxx.
7. The applicant provided a statement from the Social Security Administration, dated 14 October 2008, which shows she was assigned the SSN 4xx-xx-xxxx.
8. Army Regulation 635-5 (Separations 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 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. The applicant's contention that her records should be corrected to show her correct SSN has been carefully considered.
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.
3. Although the statement from the Social Security Administration shows that its records indicate the applicant's SSN is 4xx-xx-xxxx, she served on active duty and was discharged under the SSN 6xx-xx-xxxx. While the Board understands the applicant's desire to have the records changed, it finds no basis for compromising the integrity of the Army's records. This Board action will be filed in her military records so 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.
___________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) AR20080018730
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080018730
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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