IN THE CASE OF:
BOARD DATE: 1 July 2010
DOCKET NUMBER: AR20090021824
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 correct social security number (SSN).
2. The applicant states his records show the wrong SSN.
3. The applicant provides a copy of his DD Form 214; his social security card; and a Form SSA [Social Security Administration]-2458 (Report of Confidential Social Security Benefit Information), dated 13 November 2009.
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 (RA) on 9 December 1980. He was subsequently released from active duty by reason of expiration term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group to complete his remaining Reserve obligation.
3. His DD Form 214 shows a completely different SSN as shown on the social security card he provided with his application.
4. The applicant subsequently enlisted in the Army National Guard (ARNG) on 29 August 1984 and he was discharged on 1 October 1996.
5. Neither his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) nor any of the documents in his ARNG record shows the same SSN as shown on the social security card he provided with his application. However, the SSN shown in his NGB records is the same as shown on his DD Form 214 and in his RA records.
6. The applicant provided a Form SSA-2458 which indicates the applicant was issued two different SSNs, one of which is shown on his social security card. The form further states "It is unknown as to why two numbers have been issued to you as the system requirements for gaining a social security number were not what they are today." It is noted that the other SSN on the Form SSA-2458 is not the number reflected in his RA and ARNG military records.
7. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
8. Army Regulation 635-5 states that for item 3 (SSN), verify accuracy with the SSN of record.
9. National Guard Regulation 600-200 (Personnel - General - Enlisted Personnel
Management) sets forth the basic authority for the personnel management of enlisted personnel of the ARNG. Table F-1 contains the procedures for issuing the NGB Form 22. It states for item 3 (SSN), the entry is self-explanatory.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 shows the wrong SSN.
2. Although the applicant requests correction of his DD Form 214 to show the SSN as shown on his social security card, all documents in his available military service records show he served in the RA and the ARNG using a different SSN.
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 records 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) AR20090021824
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090021824
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