IN THE CASE OF:
BOARD DATE: 11 March 2010
DOCKET NUMBER: AR20090014664
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 Social Security Number (SSN) be corrected from 437-XX-XXXX to 568-XX-XXXX.
2. The applicant states his SSN is incorrect on his DD Form 214 (Report of Transfer or Discharge).
3. The applicant provides copies of his DD Form 214, his SSN card, and two letters from the Social Security Administration (SSA).
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. At the time of induction into the Army of the United States the applicant listed his SSN as 437-XX-XXXX on his DD Form 398 (Statement of Personal History).
3. The applicant was inducted on 18 November 1965, completed training, and served a year in Vietnam.
4. He was honorably released from active duty on 21 August 1967 and transferred to the U.S. Army Reserve (USAR) control Group (Annual Training) to complete his remaining Reserve obligation.
5. The DD Form 214 issued at this time shows the applicant's SSN as
437-XX-XXXX and that the applicant signed this form.
6. The SSN card provided by the applicant shows an issue date of 25 February 2008 and the SSA letters speaks only of the 568-XX-XXXX SSN.
DISCUSSION AND CONCLUSIONS:
1. The applicant served under SSN 437-XX-XXXX and at no time did he use SSN 568-XX-XXXX while on active duty.
3. The Army has an interest in maintaining the integrity of its records for historical purposes. The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created. The applicant has failed to establish a basis for compromising the integrity of the Army's records.
4. It is recommended that the applicant contact the SSA to reconcile the different SSN's and any earnings he had credited to the earlier 437-XX-XXXX SSN.
5. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
6. These Proceedings, along with the applicant's application and supporting documents, will be filed in his military record in order to provide clarity and to deal with any confusion that might arise regarding the difference in the SSNs. Filing the Boards decisional document will also guarantee the historical accuracy of the applicant's military record regarding the SSN under which he 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.
ABCMR Record of Proceedings (cont) AR20090014664
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