BOARD DATE: 11 March 2010
DOCKET NUMBER: AR20090012435
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 her social security number (SSN) be corrected.
2. The applicant states that all of her military records reflect an incorrect SSN. She would like her military records to reflect her correct SSN.
3. The applicant provides a letter from the Social Security Administration (SSA) dated 5 May 2005 which states the applicant was erroneously assigned an SSN which was also assigned to another person with a similar name and/or identifying data; a computer printout showing that SSA assigned the applicant a new SSN; and a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 that she enlisted in the Regular Army on 24 October 1995 with 7 years, 1 month and 28 days of prior inactive service and 5 months and 4 days of prior active service. She was honorably discharged from active duty on 6 October 1999.
3. All of the applicant's records show she served under the SSN she wants changed.
DISCUSSION AND CONCLUSIONS:
1. For historical purposes, the Army has an interest in maintaining the integrity of its records. The information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
2. In the applicant's case the records reflect the SSN under which military service was performed.
3. The applicant's SSN was not changed until almost 10 years after her discharge.
4. The applicant will be able to claim her military service by presenting the documents from the SSA showing that her SSN was changed. In addition, these proceedings will be filed in her military records to explain the difference in her SSNs.
5. It is understood that the applicant desires to have her records changed to show her current SSN; however, she has not established a basis for compromising the integrity of the Army's records. Therefore, a copy of these proceedings will be filed in her records to clarify any questions that may arise.
6. In view of the forgoing, there is no basis for granting the applicant's request.
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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