BOARD DATE: 28 July 2009
DOCKET NUMBER: AR20090003105
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 his Social Security Number (SSN) be corrected.
2. The applicant states that his SSN is wrong. He contends that his SSN is
2xx-4x-4xxx not 2xx-1x-7xxx.
3. The applicant provides documentation from the Social Security Administration; a letter, dated 19 September 1994, from the Board for Correction of Military Records; a DD Form 149 (Application for Correction of Military Record), dated 17 December 1992; a Social Security card; and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) 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. The applicant's enlistment contract shows SSN 2xx-1x-7xxx. He enlisted in the Regular Army on 13 December 1978 for a period of 4 years. He was honorably discharged on 21 June 1982 for immediate reenlistment. On 22 June 1982, he reenlisted for a period of 3 years. His reenlistment contract shows SSN 2xx-1x-7xxx. On 21 June 1985, the applicant was honorably discharged and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. Item 3 on the applicants DD Form 214 shows SSN 2xx-1x-7xxx.
4. All of the applicants service personnel records show his SSN as 2xx-1x-7xxx.
5. In support of his claim, the applicant provided documentation from the Social Security Administration in Manteca, California, dated 27 February 2009, which states his SSN is 2xx-4x-4xxx and that he has had this SSN since 1973. He also provided a copy of his Social Security card.
6. 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, 2xx-1x-7xxx, was used at the time of the applicants enlistment, reenlistment, and release from active duty.
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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