IN THE CASE OF:
BOARD DATE: 13 April 2010
DOCKET NUMBER: AR20090015472
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 the last four digits of his Social Security Number (SSN) be corrected.
2. The applicant states:
* the last four digits of his SSN are 5xxx
* SSN previously used was his father's who shares the same exact name but a different date of birth
* the correct SSN has been issued by the Social Security Administration
* error occurred when SSN cards were issued and were swapped
* he would like to return to the Army as an officer with his records updated
3. The applicant provides:
* Certificate of Naturalization
* Florida Driver License
* Social Security Card
* birth certificate
* DD Form 4/1 (enlistment document)
* discharge orders
* five W-2 Forms (Wage and Tax Statement)
* documentation from the Social Security Administration
* 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 enlistment contract shows SSN xxx-xx-6xxx. He enlisted in the U. S. Army Reserve (USAR) on 21 August 2000 for a period of 8 years. He trained as a combat engineer and he was ordered to active duty on 15 March 2003 in support of Operation Enduring Freedom. On 28 November 2003, he was released from active duty.
3. Item 3 (SSN) on the applicants DD Form 214 for the period ending
28 November 2003 shows SSN xxx-xx-6xxx.
4. On 21 November 2008, the applicant was honorably discharged from the USAR. His discharge orders show SSN xxx-xx-6xxx.
5. All of the applicants service personnel records show his SSN as xxx-xx-6xxx.
6. In support of his claim, the applicant provided documentation from the Social Security Administration in Miami, Florida, dated 21 July 2009, which states his SSN is xxx-xx-5xxx. He also provided a copy of his Social Security Card.
7. Army Regulation 635-5 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. In pertinent part it states 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 Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows SSN xxx-xx-6xxx was used at the time of the applicants enlistment in the USAR in 2000, upon release from active duty in 2003, and at the time of discharge from the USAR in 2008.
2. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should actually 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, this Board is reluctant to recommend that those records be changed. Therefore, there is an insufficient basis for amending his SSN on his DD Form 214.
3. This Board action will be filed in the applicants official military records so that a record of his SSN will be on hand.
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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ABCMR Record of Proceedings (cont) AR20090015472
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