BOARD DATE: 11 March 2010
DOCKET NUMBER: AR20090015186
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with any supporting documents).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, correction of her DD Form 214 (Report of Separation from Active Duty) to show her social security number (SSN) as
xx9-xx-xxxx instead of xx8-xx-xxxx.
2. The applicant states her social security number was incorrectly recorded.
3. She provides, in support of her application, her DD Form 214, DD Form 256A (Honorable Discharge Certificate), SSN card, and birth certificate.
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 (RA) on 15 August 1974. She did not complete basic training and she was not awarded a military occupational specialty.
3. She was honorably discharged from active duty on 14 September 1974 after completing 26 days of active service.
4. The applicant's DD Form 214, DD Form 256A, DD Form 4 (Enlistment Contract - Armed Forces of the United States), DD Form 398 (Statement of Personal History), DD Form 1584 (National Agency Check Request), and all other orders and documents throughout her official military record containing an SSN show her SSN as xx8-xx-xxxx.
5. The SSN card provided by the applicant shows her SSN as xx9-xx-xxxx.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states 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 Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant provides an SSN card showing her SSN as xx9-xx-xxxx. However, she used the SSN xx8-xx-xxxx during her military service. The applicant enlisted, served, and was honorably discharged 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. These Proceedings, along with the application and supporting documents, will be filed in the applicant's military record 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.
ABCMR Record of Proceedings (cont) AR20090015186
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ABCMR Record of Proceedings (cont) AR20090015186
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