IN THE CASE OF:
BOARD DATE: 22 June 2010
DOCKET NUMBER: AR20090020882
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 item 3 (Social Security Number (SSN)) of his DD Form 214 (Report of Separation from Active Duty) to show the first digit as "1" instead of "4."
2. The applicant states that around 1969, the Social Security Administration (SSA) issued him a social security card which contained the incorrect number beginning with a "4." He contends that he discovered the error many years later, shortly after enlisting in the Army. The SSA sent him a new card with the correct number beginning with a "1" and it was then that he realized they had made a mistake.
3. The applicant provides a copy of a printout from the SSA, a copy of his Social Security Card, and a copy of his DD Form 214.
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 are not available for review. A copy of the
DD Form 214, printout from the SSA, and a Congressional inquiry will be used to process his request. However, social security number on the copy of the social security card provided by the applicant is not legible; therefore, it cannot be used as corroborating evidence.
3. The applicant's DD Form 214 shows he entered active duty for training (ADT) as an Army National Guard Soldier on 14 April 1975. His military occupational specialty (MOS) was shown as 09B (Trainee) and he had completed a total of 25 days of net active service and 2 months and 1 day of inactive service. On 8 May 1975, he was honorably released from ADT and reverted to the ARNG of New Jersey.
4. Item 3 of his DD Form 214 shows his social security number with a "4" as the first digit.
5. In the printout from the SSA, dated 19 November 2009, it states, "Our records indicate that the social security number 1xx-xx-xxxx is assigned to [applicant's name]. Your social security card is the official verification of your social security number. This printout does not verify your right to work in the United States. Protect your social security number from fraud and identity theft. Be careful who you share your number with". There is no mention or indication of a previously issued card containing the number "4" as the first digit.
6. Army Regulation 635-5 (Separation Documents) 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 an individual's service, as it exists on the date of release from active duty or discharge. For item 3, verify accuracy with enlisted/officer records.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to have his SSN in his Army records changed was carefully considered; however, it is not supported by the evidence provided.
2. The applicant states the SSN shown in Item 3 of the DD Form 214 is the number that he used to enter the Army. It is safe to presume that this number was also verified by his recruiter upon his entry into the Army, and was used by him until he was released from ADT.
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.
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) AR20090020882
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ABCMR Record of Proceedings (cont) AR20090020882
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