IN THE CASE OF:
BOARD DATE: 6 August 2009
DOCKET NUMBER: AR20090003303
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, correction of the social security number (SSN) shown on his DD Form 214 (Report of Separation from Active Duty).
2. The applicant states, in effect, that the second digit of his SSN is a "2" and not a "5" as shown on his DD Form 214. He also states that he has terminal cancer, does not have much time, and he needs this corrected for his benefits for his family.
3. In support of his application, the applicant provides copies of his DD Form 214, his social security card, a durable power of attorney, his birth certificate, a letter and his Hosparus Hospice of Louisville, South Indiana and Central Kentucky authorization form.
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 military records show he enlisted in the Regular Army (RA), in pay grade E-1, on 9 February 1977, for 3 years. Part 1 of the applicant's DD Form 1966 (Application for Enlistment Armed Forces of the United States) shows the same SSN as shown in Item 3 (Social Security Number) on his DD Form 214. However, Parts 2-6 of his DD Form 1966 shows a "2" as the second digit of his SSN that he now claims is correct. Page 4 of his DD Form 4c (Enlistment or Reenlistment Agreement) shows the same SSN as shown in Item 3 on his DD Form 214. The applicant's Official Military Personnel File (OMPF) also show that his enlistment orders, enlisted evaluation reports, medical and dental treatment records, and his application for hardship discharge, among other documents contain a "5" as the second digit of his SSN.
3. The applicant was honorably separated from active duty, in pay grade E-4, on 24 April 1979. His discharge orders show a "5" as the second digit of his SSN.
4. It appears that the applicant died after receipt of his application by the ABCMR. Therefore, the durable power of attorney submitted by the applicant appointing his spouse as his lawful agent is accepted to proceed with this case. Hereafter, the surviving spouse will be referred to as the "applicant" and the deceased former service member will be referred to as the "FSM."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that at the time of the FSM's enlistment and at the time of his discharge from active duty a majority of the documents contained in his OMPF reflect a "5" as the second digit of his SSN, although a few documents reflect a "2" as the second digit of his SSN used.
2. The copy of the social security card submitted by the FSM does not show when this card was issued to him. The social security number shown with the second digit as a "5" was recognized by the Army and he served with that social security number until the time of his separation.
3. There is no evidence that suggests the FSM has or would suffer any injury or injustice as a result of the Army maintaining its records with the social security number 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, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record his correct social security number in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. The applicant is advised that a copy of this decisional document along with the FSM's application and the supporting evidence he provided, which confirms his correct SSN, will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in the FSM's military record.
5. In the absence of evidence showing error or injustice and in view of the inconsistency of his SSN through his record, there is no basis for granting the b applicant's requested relief.
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) AR20090003303
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ABCMR Record of Proceedings (cont) AR20090003303
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