IN THE CASE OF:
BOARD DATE: 2 March 2010
DOCKET NUMBER: AR20090016924
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 his discharge document be corrected to show the first digit of his social security number (SSN) as "2" instead of "4."
2. The applicant states, in effect, that having the wrong SSN makes it appear to others that he is not a veteran.
3. The applicant provides photocopies of his social security card, his driver's license, and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of his request.
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. On 10 May 1978, the applicant enlisted in the U.S. Army Reserve using the SSN with the first digit of "4" as shown in all of his associated Army records. He entered initial active duty for training on 25 May 1978 and was honorably released on 19 August 1978 upon completion of training.
3. Army Regulation 635-5 (Separation Documents) provides, in pertinent part, line-by-line instructions for completing the DD Form 214. The regulation then in effect required that the SSN was obtained from the individual's social security card if it was available. If the social security card was not available, the SSN was obtained from the available service records.
DISCUSSION AND CONCLUSIONS:
1. The applicant states that his Army records show an incorrect SSN.
2. There is no evidence that suggests the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the SSN under which he served. 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. In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed. While it is understandable the applicant desires to now record his current SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this decisional document along with his application and the evidence he provided which purports to show his correct SSN will be filed in his official military personnel file (OMPF). This should serve to help clarify any questions or confusion regarding the different SSN recorded in his military record and satisfy his desire to have his correct SSN documented in his OMPF.
4. In view of the above, there is no basis for granting the requested relief.
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) AR20090016924
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