IN THE CASE OF:
BOARD DATE: 15 December 2009
DOCKET NUMBER: AR20090011050
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 16 December 1981 DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to show his correct social security number (SSN).
2. The applicant states that the SSN XXX-XX-3159 is incorrect and should be listed as XXX-XX-6528.
3. The applicant provides copies of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), Social Security Administration SSN verification, social security card, and driver's license.
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 applicant's 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 applicant's 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 record shows he enlisted in the Army National Guard (ARNG) on 10 April 1981. His SSN on his enlistment contract is shown as XXX-XX-3159.
Orders and other record documents dated 11 December 1981 and earlier also show the same SSN.
3. The applicant's 9 May 1984 NGB Form 22 lists his SSN as XXX-XX-3159.
4. The verification from the Social Security Administration does not list the applicant's name or SSN.
5. The applicant provided a copy of his social security card and a copy of the same card is contained in his record. His social security card shows his SSN as XXX-XX-6528. Additionally, his Veterans Administration (VA) Form 29-8286 (Servicemen's Group Life Insurance Election) dated 16 October 1982 and orders dated 26 June 1984 show the same SSN.
6. The applicant's DA Form 2-1 (Personnel Qualification Record) lists his SSN as XXX-XX-3159.
7. Orders D-04-025807, dated 8 April 1987, show the applicant was honorably discharged. His SSN on this order is listed as XXX-XX-3159.
8 Army Regulation 601-210 (Active and Reserve Components Enlistment Program) states, in pertinent part, that no person will be tested or processed for enlistment into the Regular Army, U.S. Army Reserve, or ARNG without an SSN or social security card. The social security card will be the primary document used to verify the SSN. A social security printout, commonly known as an SSA number identification printout, may also be used to verify the SSN.
DISCUSSION AND CONCLUSIONS:
1. The applicant's SSN shown on his ARNG enlistment contract, his NGB Form 22, DA Form 2-1, and his separation orders is XXX-XX-3159. According to Army Regulation 601-210, verification of the applicant's SSN was required at the time of his enlistment.
2. Although the applicant's social security card, VA Form 29-8286, and an order contained in his records show his SSN as XXX-XX-6528, he has provided no evidence or explanation as to why his records contain two different SSN. The verification from the Social Security Administration does not contain his name or either SSNs and is therefore irrelevant.
3. Since there is no evidence and the applicant has not provided any to show that SSN XXX-XX-6528 is, in fact, his correct SSN and that SSN XXX-XX-3159 was erroneously assigned, the presumption of regularity must be applied in this case.
4. In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement.
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) AR20090011050
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090011050
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110021953
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as "XXX-XX-8321." The applicant states he was assigned two different SSN's and wants his DD Form 214 corrected to show his SSN as XXX-XX-8321. ABCMR Record of Proceedings (cont) AR20110021953 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110021953 2 ARMY BOARD FOR CORRECTION OF...
ARMY | BCMR | CY2011 | 20110019036
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as "xxx-xx-610x" instead of "xxx-xx-106x." Item 2 (SSN) of the DA Form 2-1 (Personnel Qualification Record) that was created upon his entry on active duty shows his SSN as "xxx-xx-106x."
ARMY | BCMR | CY2014 | 20140007528
There are no available records for the applicant under either SSN. DISCUSSION AND CONCLUSIONS: The evidence shows that the ARNG corrected the SSN listed on the applicant's NGB Form 22 for the period 18 August 1981 through 4 October 1983 to show XXX-XX-X366. __________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.
ARMY | BCMR | CY2014 | 20140010745
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as "XXX-XX-7XXX" instead of "XXX-XX-2XXX." The majority of the documents contained in his records during his induction/enlistment show his assigned military service number; however, his records contain a DA Form 428 (Application for Identification Card), dated 3 May 1971, and VA Form 29-8286 (Servicemen's Group Life...
ARMY | BCMR | CY2013 | 20130003389
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a completely different social security number (SSN) than the SSN that is listed on his DD Form 214. In both cases, his DD Form 4 and allied documents list his SSN as "XXX-XX-0741." Item 3 (SSN) of his DD Form 214 lists his SSN as "XXX-XX-0741."
ARMY | BCMR | CY2012 | 20120018560
The applicant requests correction of the social security number (SSN) shown in his military service records and on his DD Form 214 (Report of Separation from Active Duty) ending on 8 February 1976 and DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 22 January 1981. His records contain: * a DD Form 4 (Enlistment Contract Armed Forces of the United States), dated 10 October 1974, which lists his SSN as "XXX-XX-7447" * a DD Form 398 (Statement of Personal...
ARMY | BCMR | CY2011 | 20110012416
Item 3 (SSN) of the DD Form 214 he was issued shows his SSN as "XXX-XX-2913." The evidence of record shows the applicant listed his SSN as "XXX-XX-2913" upon his enlistment in the RA. __________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.
ARMY | BCMR | CY2014 | 20140017776
The applicant provides: * DD Form 214 * 2 National Guard Bureau (NGB) Forms 22 (Report of Separation and Record of Service) * DA Form 3725 (Army Reserve Statement and Address Verification) * DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States) * a letter * DA Form 4688/1 (Certificate and Acknowledgement of Service Requirements for Individuals Enlisting or Reenlisting in the Individual Ready Reserve) * DARP Form 1103 (Follow-Up Questionnaire to Army Reserve...
ARMY | BCMR | CY2011 | 20110011984
The applicant requests correction of the social security number (SSN) that is recorded in his military service records. The applicant contends the SSN that is recorded in his military service records should be corrected to show his SSN is "XXX-XX-4696." The applicant now provides evidence that his SSN is "XXX-XX-4696."
ARMY | BCMR | CY2013 | 20130021770
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 26 September 1997 to show his social security number (SSN) as "XXX-XX-XXX5" instead of "XXX-XX-XXX6." Additionally, he provided a DD Form 214 for the period ending on 20 July 2011, from the Air National Guard, that also shows his SSN as "XXX-XX-XXX5." As a result, the Board recommends that all Department of the Army records of the individual concerned be...