BOARD DATE: 27 May 2010
DOCKET NUMBER: AR20090018597
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect that the fourth through ninth digits of his social security number (SSN) are xxx-77-5792.
2. The applicant states that the incorrect SSN was listed upon his entrance into active duty and he desires his records to reflect the correct SSN. The SSN's incorrectly used on active duty are xxx-45-3821 and a completely different number.
3. The applicant provides a copy of his Social Security 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. The applicant enlisted in the Regular Army on 4 October 1983 for a period of 3 years and training as a cavalry scout. At the time of his enlistment he indicated that his SSN was xxx-45-3821.
3. He continued to use that SSN throughout his service and on 7 August 1985, he was placed on the Temporary Disability Retired List (TDRL) with a 30% disability rating. On 10 March 1987, he was removed from the TDRL and he was permanently retired by reason of physical disability with a 10 percent (%) disability rating and entitlement to severance pay.
4. The applicant provides a Social Security Card showing his SSN as
xxx-77-5792. However, he does not provide a letter from the Social Security Administration explaining the difference in the applicants SSN or what number his account is actually being credited with. Additionally, the applicant does not provide any explanation to explain why his SSN is incorrect.
5. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information taken from the Soldiers personnel record at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the fourth through ninth digits of his SSN are incorrect has been noted. However, he has failed to show through the evidence of record and the evidence submitted with his application sufficient explanation and evidence to show that the SSN he used throughout his service was incorrect.
2. While he now submits a Social Security Card showing his current SSN, there is no explanation as to why he claims that his SSN was incorrect at the time or why he served under a different SSN. His records show that he served under the SSN reflected on his DD Form 214 throughout his service.
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, there is a reluctance 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 Official Military Personnel File (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.
5. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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) AR20090018597
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ABCMR Record of Proceedings (cont) AR20090018597
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