BOARD DATE: 20 April 2010
DOCKET NUMBER: AR20090017674
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to show his correct social security number (SSN).
2. The applicant states that he entered the Army with the SSN XXX-XX-XX30, but it should have been XXX-XX-XX10. He explains that he had been discharged from the Marine Corps prior to completing boot camp. Upon his return, he spoke with an Army recruiter who "cleared" him to enlist in the Army. He offers that it was a "foolish thing to do certainly, but done nonetheless." The applicant maintains that the situation with his SSN arose while in basic training and again he was cleared to continue his service. He states it was his understanding that the situation had been resolved years ago; however, he is unable to receive health care through the Department of Veterans Affairs (VA) and is being billed for previous care received at the VA.
3. The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), social security card, and multiple identification cards.
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. The applicant's record shows he enlisted in the Regular Army on 14 May 1984. His SSN on his enlistment contract is shown as XXX-XX-XX30. Orders and all other documents in his records show the same SSN. The applicant was honorably discharged on 4 October 1999 after serving 5 years, 4 months, and 20 days of active service.
3. The applicant's DD Form 214, item 3 (SSN), shows his SSN as
XXX-XX-XX30.
4. The applicant's social security card shows his social security number as
XXX-XX-XX10.
5. Army Regulation 635-5 (Separation Documents) states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's SSN when he enlisted in the Army, throughout his service, and at the time he was discharged was shown as XXX-XX-XX30. Although he now admits that he knowingly allowed his recruiter to use a wrong SSN, this information is not sufficient justification to correct his records after he served over 5 years under that SSN. As cited in the above regulation, any changes to the applicant's separation documents that occur after the date of release from active duty, retirement, or discharge are not authorized to be reflected on this document. Therefore, the SSN as shown on the applicant's DD Form 214 is correct as constituted.
2. 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. While it is understandable the applicant desires to now record his correct 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 decision document along with his application and the supporting evidence he provided which confirms his correct SSN will be filed in his military personnel records. This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military records.
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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