IN THE CASE OF:
BOARD DATE: 3 June 2010
DOCKET NUMBER: AR20090020555
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), Item 3 (Social Security Number (SSN)) to show a number other than (xxx-xx-2333).
2. The applicant states his recruiter listed his SSN incorrectly and as a result, the Department of Veterans Affairs will not enroll him for health care.
3. The applicant provides a copy of letter from the Social Security Administration, dated 23 November 2009, that verifies he has a different SSN; a copy of his DD Form 214, dated 23 June 1987; a copy of his social security card, dated 21 July 2009; a copy of his State Driver License; and copies of several other 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 records show he enlisted in the Regular Army for a period of 4 years on 16 October 1985. His DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows his SSN as "xxx-xx-2333." He authenticated this form and allied documents with his signature.
3. The applicant's DA Forms 2A (Personnel Qualification Record Part I) and
DA Form 2-1 (Personnel Qualification Record Part II) that were created upon his entry in the Army show his SSN as "xxx-xx-2333." The DA Form 2-1 was reviewed by the applicant on 18 October 1985 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 skill qualification test results, bar to reenlistment, application for a military identification card, insurance certificate, reassignment and separation orders, award orders, record of emergency data, physical profile, certificate of clearance and security determination, and several other documents that shows his SSN as "xxx-xx-2333." He authenticated several of these documents by placing his signature in the appropriate block.
5. He was discharged on 23 June 1987. Item 3 of the DD Form 214 he was issued shows his SSN as "xxx-xx-2333." He authenticated this form with his signature.
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 SSN "xxx-xx-2333" 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. According to the available record, he did not use the SSN that he now claims is his correct SSN at any time during the period that he served.
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 his 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 may arise regarding the difference in the SSN he claims is correct. Filing the Board's decisional document will also guarantee the historical consistency 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) AR20090020555
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ABCMR Record of Proceedings (cont) AR20090020555
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