BOARD DATE: 20 May 2010
DOCKET NUMBER: AR20090019958
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 show his social security number (SSN) as
"xxx-94-0872" instead of "xxx-76-3783."
2. The applicant states that he was notified by the Virginia Employment Commission that someone in Virginia Beach has the same SSN. He would like to receive Department of Veterans Affairs benefits.
3. The applicant provides a copy of his social security card, dated 15 October 2009, in support of his request.
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 records show he enlisted in the Regular Army for a period of 4 years 16 March 1983. His DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) listed his SSN as "xxx-76-3783." He authenticated this form and allied documents with his signature.
3. The applicant's DA Forms 2A (Personnel Qualification Record Part I) and
2-1 (Personnel Qualification Record Part II) that were created upon his entry in the Army show his SSN as "xxx-76-3783." The DA Form 2-1 was reviewed by the applicant on 10 September 1984 and he authenticated this form by placing his signature in item 34 (Signature).
4. His records contain various personnel, finance, medical, and legal documents, including a record of nonjudicial punishment, bar to reenlistment, application for a military identification card, insurance certificate, reassignment orders, award orders, record of emergency data, and several other documents that listed his SSN as "xxx-76-3783." He authenticated several of these documents by placing his signature in the appropriate block.
5. He was discharged on 24 January 1985. Item 3 (Social Security Number) of the DD Form 214 he was issued shows his SSN as "xxx-76-3783." He authenticated this form with his signature.
6. The applicant submitted a copy of a social security card that contains his name and the SSN "xxx-94-0872."
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his SSN is incorrectly shown on his DD Form 214.
2. The evidence of record shows the applicant used the SSN "xxx-76-3783" upon his enlistment in the Army. This SSN is consistent with all official military records throughout his military service. He authenticated several forms that contain this SSN. He did not use the requested SSN throughout his military service.
3. For historical purposes, the U.S. Army has an interest in maintaining the accuracy of its records. In this regard, the information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed. Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, were correct at the time and there is an insufficient evidentiary basis for changing his SSN at this time.
4. Nevertheless, a copy of this decisional document, along with the application and supporting documents, will be filed in his service record in order to provide clarity and to deal with any confusion that might arise regarding the difference in the SSN he claims is correct. Filing the Board's decisional document will also guarantee the historical accuracy of the applicant's 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) AR20090019958
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ABCMR Record of Proceedings (cont) AR20090019958
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