IN THE CASE OF:
BOARD DATE: 11 May 2010
DOCKET NUMBER: AR20090018430
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 on his DD Form 214 (Report of Separation from Active Duty).
2. The applicant states he can't get help from the Department of Veterans Affairs (VA) until his SSN is listed correctly on his DD Form 214.
3. The applicant provides the following documents in support of his application:
a. Social Security Administration (SSA) Letter
b. SSA Printout
c. VA Letter
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 military records show he enlisted in the Regular Army on
26 April 1977. The DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) prepared and authenticated by the applicant with his signature during his enlistment processing contains the same SSN recorded on his DD Form 214.
3. The DA Form 2-1 (Personnel Qualification Record - Part II) prepared on the applicant upon his entry on active duty lists the SSN recorded on his DD Form 4 and DD Form 214, which he now claims is incorrect.
4. All orders and other documents prepared on the applicant during his military service on file in his Official Military Personnel File (OMPF) list the SSN recorded on his DD Form 4, DA Form 2-1, and DD Form 214.
5. On 2 July 1979, the applicant was discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph
13-4c, by reason of unsuitability (inaptitude) and he received a general, under honorable conditions discharge. The DD Form 214 he was issued shows he completed 2 years, 2 months, and 7 days of active military service. The SSN listed in item 3 (Social Security Number) is the number he now claims is incorrect.
6. The applicant provides an SSA letter and printout, dated 30 April 2007. These documents show he applied for a social security card at that time and the one he was assigned is completely different from the one listed on all of his military records and in all documents and orders prepared throughout his military service that remain in his OMPF.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the SSN listed on his DD Form 214 should be changed has been carefully considered. However, the evidence is not sufficient to support this claim.
2. It appears he applied for and was assigned a new social security card by the SSA on 30 April 2007. The new social security card he was assigned in 2007 list a completely different number from the one under which he enlisted, performed his military service, and was discharged.
3. 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 correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct SSN, will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have his correct SSN documented in his OMPF.
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) AR20090018430
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