IN THE CASE OF:
BOARD DATE: 23 June 2009
DOCKET NUMBER: AR20090002063
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 changed to XXX- XX-7960.
2. The applicant states, in effect, that the Social Security Administration (SSA) records verify his correct number and he needs the official correction of the record to allow the Department of Veterans Affairs (VA) to recognize the correction.
3. The applicant provides copies of his DD Form 214 (Report of Transfer or Discharge) and two printouts from the SSA.
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 was inducted into the Army of the United States on 6 November 1968, he completed training, and he was awarded military occupational specialty (MOS) 13A (Field Artillery Crewman).
3. He served in Vietnam for 5 months and 26 days and enlisted in the Regular Army (RA) on 20 October 1969. He served an additional 7 months and 14 days in Vietnam before being honorably released from active duty due to hardship.
4. All documentation contained in the applicant's record, including his enlistment contract and his Federal Bureau of Investigation (FBI) security records check shows his SSN as XXX-XX-9162.
5. The SSA printouts show SSN XXX-XX-7960 is currently assigned to an individual of the same name as the applicant. There is no additional information on the printout to identify this person.
DISCUSSION AND CONCLUSIONS:
1. The applicant states, in effect, that the SSA records verify his correct number and he needs the official correction of the record to allow the VA to recognize the correction.
2. The applicant served his entire period of service under SSN XXX-XX-9162. There is no documentation to show that this was an incorrect number.
3. 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.
4. 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.
ABCMR Record of Proceedings (cont) AR20090002063
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ABCMR Record of Proceedings (cont) AR20090002063
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