IN THE CASE OF:
BOARD DATE: 20 May 2010
DOCKET NUMBER: AR20090019412
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, in effect, correction of the social security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states the error was caused by the Social Security Administration (SSA) when he was issued his original social security card prior to enlistment. This discrepancy has caused him problems at the Veterans Affairs hospital.
3. In support of his application, the applicant provides a copy of a letter from the SSA.
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 contain a DD Form 4/1 (Enlistment/
Reenlistment Document Armed Forces of the United States) and DD
Form 4/4 (Confirmation of Enlistment/Reenlistment). These forms show he enlisted in the Army Delayed Entry Program (DEP) and the Regular Army in 1980 using the same SSN that is shown on his DD Form 214.
3. His military records show he enlisted in the DEP on 25 January 1980. He enlisted in the Regular Army in pay grade E-1 on 26 February 1980, for 3 years. His DA Form 2-1 (Personnel Qualification Record Part II), Item 2 (SSN), shows the same SSN that is shown on his DD Form 214 which is the one he used during his period of military service.
4. He was honorably released from active duty in pay grade E-4 on 25 February 1983, at the expiration of his term of service. He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). He was discharged from the USAR on 25 February 1986. His discharge orders also show the same SSN as shown on his DD Form 214.
5. He submitted a copy of a letter from the SSA, dated 28 February 2002, wherein he was advised that agency was in the process of verifying all of his work history earnings which were posted under his correct SSN ending with the ninth digit of 9. He was also advised to discontinue using the SSN ending with the ninth digit of 8 because that SSN did not belong to him. He was to use the letter to notify his employers and any other agencies or creditors of his correct SSN until he received his replacement social security card.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the SSN the applicant used at the time of his enlistment and at the time of his release from active duty and discharge from the USAR is the same number as that shown on his DD Form 214. His records reflect the social security number he preferred to use at the time of enlistment and under which this military service was performed.
2. While the Board understands his desire to have the records changed, it finds no basis for compromising the integrity of the Army's records. For historical purposes, the Army has an interest in maintaining the accuracy of its records for historical purposes. The data 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, no basis has been established to support the change requested.
3. A copy of this decisional document along with the application and enclosures will be filed in his official military personnel file. This should serve to clarify any questions or confusion regarding the different social security numbers.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20090019412
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ABCMR Record of Proceedings (cont) AR20090019412
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