BOARD DATE: 26 January 2010
DOCKET NUMBER: AR20090012298
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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her social security number (SSN) as
***-**-**3* instead of ***-**-**4*.
2. The applicant states that she became aware that the SSN on her DD Form 214 was incorrect in March of 2000. She states that she believes her SSN was mistyped at the Social Security Administration when she changed her name after getting married.
3. The applicant provides her DD Form 214, a Social Security Administration printout, her Social Security Administration card, and a copy of her birth certificate in support of this 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 military records show she enlisted in the Regular Army on 9 January 1979. She was awarded the military occupational specialty of unit organization supply specialist, and was promoted to pay grade E-4.
3. The applicant was released from active duty on 18 December 1981 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete her remaining Reserve obligation. She had completed a total of 2 years, 11 months, and 9 days of creditable active service.
4. The applicant's DD Form 214, DD Form 4 (Enlistment or Reenlistment Agreement), discharge orders, all other orders and documents throughout her official military record containing an SSN show her SSN as ***-**-**4*.
5. The Social Security Administration printout and Social Security Administration card provided by the applicant show her current SSN as ***-**-**3*.
6. Army Regulation 635-5 (Separation Documents) provides 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 service at the time of release from active duty, retirement, or discharge. The regulation in effect at the time stated that for item 3 (Social Security Number) of the DD Form 214, verify accuracy with the SSN of record.
DISCUSSION AND CONCLUSIONS:
1. The applicant provides a current Social Security Administration printout and a Social Security Administration card showing her SSN as ***-**-**3*. However, she used the SSN ***-**-**4* during her military service. The applicant enlisted, served, and was honorably released from active duty under the SSN shown in her military records.
2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The 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, those records should not be changed.
3. While the Board understands the applicant's desire to have the records changed, it finds no basis for compromising the integrity of the Army's records.
4. This Record of Proceedings, along with the application and supporting documents, will be filed in the applicant's military record in order to provide clarity and to resolve any confusion that might arise regarding the difference in her SSN. Filing the Board's decisional document will also guarantee the historical accuracy of the applicant's military record regarding the SSN under which she served.
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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