IN THE CASE OF:
BOARD DATE: 13 April 2010
DOCKET NUMBER: AR20090017397
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 correction of his military records to show his correct social security number (SSN).
2. The applicant states that the number "8" was added to the beginning of his Regular Army service number and subsequently was used as his SSN during his enlistment in the Army. He also states that this error has prevented him from being enrolled in the Department of Veterans Affairs Medical Center located in Boise, ID. He further states that he hopes his social security account was properly credited with the money he paid towards social security coverage while in the Army.
3. The applicant provides, in support of his application, copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); a printout from the Social Security Administration (SSA), dated 30 September 2009; his social security card; and his Idaho Identification Card.
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. On 20 March 1969, the applicant enlisted in the Regular Army (RA) for
3 years. There is no available evidence of record showing that he had received a social security number prior to his entry on active duty.
3. The applicant's DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows his service number as an alpha/numeric group beginning with RA189. Item 19 (Social Security Account Number (SSAN)) on this form is blank.
4. The applicant's DA Form 20 (Enlisted Qualification Record) shows that his service number had been lined through and replaced with a nine digit number beginning with the number "8." The remainder of the number matched his service number.
5. On 6 January 1972, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group Reinforcement) to complete his remaining Reserve obligation.
6. Entries in Item 2 (Service Number) and Item 3 (SSN) of the applicant's DD Form 214 show the same numbers as described above.
7. The applicant has provided a printout from the SSA showing that his current SSN is 5xx-8x-2xxx, which is completely different from what is recorded in his military personnel records. This printout is dated 30 September 2009. It does not indicate when the applicant was issued this SSN.
8. The applicant has provided a copy of his social security card showing the same SSN as listed on the accompanying printout from the SSA; however, this card is not signed or is there any indication when this SSN was issued.
9. The applicant has provided a copy of his Idaho identification card issued on 24 February 2008; however, it does not show an SSN.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show his correct SSN.
2. The available evidence of record fails to show that the applicant had an SSN at the time of his entry in the RA. Furthermore, it does not appear that he received an SSN while on active duty.
3. For historical purposes the Army has an interest in maintaining the accuracy of its records. The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.
4. Therefore, there is no basis for granting the applicant's request to change the SSN used by the Army during his military service.
5. The applicant's enrollment status with the VA is not within the jurisdiction of this Board. He must address this issue with that organization.
6. The proper crediting of his social security account is also not within the jurisdiction of this Board. He must address this issue with the SSA.
7. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, confirming his current SSN will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in his current SSN and the one recorded in his military record, and satisfy his desire to have his SSN documented in his military record.
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) AR20090017397
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ABCMR Record of Proceedings (cont) AR20090017397
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