BOARD DATE: 6 April 2010
DOCKET NUMBER: AR20090017598
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 the Social Security Number (SSN) listed in his military records to show his current SSN of xx9-xx-xxxx instead of
xx8-xx-xxxx.
2. The applicant states the SSN in his military records is an old one that both he and another person had and was later changed to his current SSN. He requests the record be corrected to list his new SSN.
3. The applicant provides letters and documents from the Social Security Administrative (SSA) in support of his 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 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 record shows the applicant was inducted into the Army of the United States and entered active duty on 14 January 1969. Documents prepared during his induction processing, including a DD Form 1584 (National Agency Request), list the SSN he now claims is incorrect.
3. The applicant's DA Form 20 (Enlisted Qualification Record), which was prepared on 17 January 1969, upon his entry on active duty, lists the SSN he now claims is incorrect in item 1 (name and service number).
4. All other documents in the applicant's Official Military Personnel File (OMPF) that contain an SSN list the one he now claims is incorrect.
5. On 8 January 1971, the applicant was honorably released from active duty (REFRAD), in the rank/grade of sergeant (SGT)/E-5, after completing 1 year,
11 months, and 25 days of active military service. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time lists the SSN he now claims is incorrect in item 3 (Social Security Number). He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.
6. On 18 December 1974, the applicant's discharge from the USAR was directed in Letter Orders Number 12-1255527, issued by the Office of The Adjutant General, United States Army Reserve Components Personnel and Administration Center, St. Louis, MO. These orders listed the SSN the applicant now claims is incorrect in the standard name line.
7. The applicant provides a document titled "Your Social Security Card," a letter titled "Social Security Earnings Determination," and an itemized statement of earnings from the SSA. These documents all indicate the SSN he now claims is correct is his SSN.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to correct the SSN in his military records to his current SSN has been carefully considered. However, the evidence does not support this claim.
2. The record confirms the applicant was inducted, served, and was separated under the SSN he now claims is incorrect. The Army has an interest in maintaining the accuracy of its records for historical purposes, and normally would not change an SSN under which a member performed military service because the military records should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed.
3. It would not be appropriate to change the SSN listed on his DD Form 214 given it is the one under which he performed his military service.
4. This Report of Proceedings, along with the application submitted by the applicant, will be filed in his OMPF to provide clarity to any confusion that might arise regarding his different SSNs. Filing the Boards decisional document will also guarantee the historical accuracy of the applicants military record regarding the SSN under which he 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) AR20090017598
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