BOARD DATE: February 23, 2010
DOCKET NUMBER: AR20090014688
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, that the social security number (SSN) as shown on her DD Form 214 (Report of Separation from Active Duty) be corrected.
2. The applicant states, in effect, that the SSN as shown on her DD Form 214 is incorrect.
3. The applicant provided a copy of her DD Form 214 and a print out from the Social Security Administration (SSA) 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 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 DD Form 214 shows she enlisted in the Regular Army on 5 July 1978.
3. Item 3 (SSN) of the applicant's DD Form 1966 (Application for Enlistment - Armed Forces of the United States) shows her SSN as 230-9X-XXXX.
4. The applicant's record contains a copy of a memorandum from Headquarters, III Corps and Fort Hood, Fort Hood, TX, dated 25 January 1979, that shows her SSN as 230-9X-XXXX.
5. On 9 February 1979, the applicant was honorably discharged after serving a total of 7 months and 5 days of active military service. The applicant authenticated this document with her signature in item 29 (Signature of Person Being Separated) which indicates that she verified that the information contained in the separation document was correct at the time it was issued. The DD Form 214 she was issued shows her SSN as 230-9X-XXXX.
6. The applicant submitted a copy of a computer printout from the SSA which shows her SSN is 224-8X-XXXX.
7. Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214. This regulation provided, in pertinent part, that the Soldier's SSN would be entered in item 3 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the applicant authenticated the DD Form 214 issued to her on 5 July 1978 indicating she accepted the information as being correct to the best of her knowledge. Lacking convincing independent evidence to the contrary, it appears the applicant's DD Form 214 was correct at the time it was issued and there is no basis for changing it at this time. All of the documents in her official military personnel file (OMPF) show her SSN as 230-9X-XXXX.
2. Although the applicant now claims the SSN shown on the copy of her SSA printout is correct and the one recorded on her DD Form 214 is incorrect, she fails to provide an official explanation from the SSA or any other source that explains the reason for issuance or use of two different SSN's. There is no evidence of record and the applicant did not provide any to confirm when she was issued the SSN that she now claims is the correct one.
3. 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 that requirement.
4. 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.
5. The applicant is advised that a copy of this decisional document along with her application and the supporting evidence she provided which confirms her correct SSN will be filed in her OMPF. This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in her military record and to satisfy her desire to have her current SSN documented in her OMPF.
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) AR20090014688
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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