IN THE CASE OF:
BOARD DATE: 2 June 2009
DOCKET NUMBER: AR20090000482
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 his Social Security Number (SSN) be corrected in item 3 (SSN) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 January 1992.
2. The applicant states that the Social Security Office in Bartlesville, Oklahoma issued him the wrong SSN (5xx-6x-8xxx) and in 2001 he was informed this was not his SSN. He contends that the correct SSN is 4xx-7x-8xxx.
3. The applicant provides documentation from the Social Security Administration and a copy of his DD Form 214 for the period ending 24 January 1992 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. Having prior service in the Army National Guard (ARNG), the applicant was ordered to active duty on 27 January 1986 for training. He was released from active duty on 1 May 1986.
3. Item 3 on the applicant's DD Form 214 for the period ending 1 May 1986 shows SSN 5xx-6x-8xxx.
4. The applicant enlisted in the Regular Army (RA) on 21 January 1988 for a period of 4 years. On 24 January 1992, he was released from active duty by reason of expiration of term of service and transferred to an ARNG unit in Bartlesville.
5. Item 3 on the applicants DD Form 214 shows SSN 5xx-6x-8xxx.
6. The applicant's ARNG enlistment contract, dated 25 January 1992, shows his SSN as 5xx-6x-8xxx. He was subsequently discharged from the ARNG on
24 May 1993. His NGB [National Guard Bureau] Form 22 (Report of Separation and Record of Service) shows his SSN as 5xx-6x-8xxx.
7. All of the applicants service personnel records show his SSN as 5xx-6x-8xxx.
8. In support of his claim, the applicant provided a letter from the Social Security Administration in Lebanon, Missouri, dated 5 May 2009, which shows his SSN as 4xx-7x-8xxx.
9. Army Regulation 635-5 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, 5xx-6x-8xxx, was used at the time of the applicants release from active duty on 1 May 1986 and on 24 January 1992, and his discharge from the Army National Guard on 24 May 1993.
2. There is no evidence that suggests the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the SSN under which he served. 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. In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed. 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 decisional document along with his application and the supporting evidence he provided, which confirms his correct SSN, will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have his correct SSN documented in his OMPF.
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.
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