Search Decisions

Decision Text

ARMY | BCMR | CY2010 | 20100007796
Original file (20100007796.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  3 August 2010

		DOCKET NUMBER:  AR20100007796 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his Social Security Account Number (SSAN) as x6x-xx-xxxx instead of x5x-xx-xxxx.

2.  The applicant states he was informed by the Social Security Administration (SAA) that his SSAN had been changed, but it was never changed in his military records.  He states that the change occurred while he was in the military.

3.  The applicant provides copies of the following documents:

* Honorable Discharge Certificate
* DD Form 214 for the period ending 18 June 1962
* Social Security Card
* National Personnel Records Center (NPRC) letter, dated 14 January 2010

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 enlisted in the Regular Army on 19 June 1959 and his service number is shown on his DD Form 4 (Enlistment Record - Armed Forces of the United States), not his SSAN.

3.  A review of the applicant's Official Military Personnel File (OMPF) reveals that most of the documents contained therein show his service number.  However, on every document that shows his SSAN it is reflected as x5x-xx-xxxx.

4.  The applicant was honorably released from active duty on 18 June 1962.  His DD Form 214 shows his SSAN as x5x-xx-xxxx.

5.  The copy of the Social Security Card that the applicant submits shows his SSAN as x6x-xx-xxxx.  The NPRC letter submitted with his application advises him to complete an Application for Correction of Military Records and to forward it to the appropriate board.

6.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided insufficient evidence to show that the SSAN he used during his Army service is incorrect or that he requested a correction to his SSAN in his military records during his period of active service.  Additionally, he has not provided any evidence from the SSA to validate the purported change to his SSAN while he was in the military.

2.  Every document contained in his OMPF that contains an SSAN shows
x5x-xx-xxxx.  In the absence of official documents explaining how this error occurred, it must be presumed that the SSAN shown on all of his official Army records is correct as currently reflected.

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.  There is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record his correct SSAN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s 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 SSAN, will be filed in his OMPF.  This should serve to clarify any questions or confusion in regard to the difference in the SSAN recorded in his military record and to satisfy his desire to have his correct SSAN 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)                                         AR20100007796



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100007796



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110001048

    Original file (20110001048.txt) Auto-classification: Denied

    The applicant's military records are not available to the Board. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided which confirms his SSN will be filed in his Official Military Personnel File (OMPF). __________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.

  • ARMY | BCMR | CY2011 | 20110015457

    Original file (20110015457.txt) Auto-classification: Denied

    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 "x5x-6x-xxxx" instead of "x6x-3x-xxxx." The evidence of record confirms the applicant enlisted in the Regular Army and served under the SSN of “x6x-3x-xxxx.” All documents contained in his military personnel records jacket list the same SSN. The evidence he submitted also is not sufficient to show that an error exists or is a basis for...

  • ARMY | BCMR | CY2011 | 20110004236

    Original file (20110004236.txt) Auto-classification: Denied

    However, a review of his official military personnel file (OMPF) revealed two documents prepared during his active service containing an SSN: * a DD Form 398 (Statement of Personal History), dated 9 November 1965, that shows his SSN as x8x-xx-xxxx * a DA Form 41 (Record of Emergency Data), dated 28 February 1967, that shows his SSN as x6x-xx-xxxx 4. The applicant is advised that a copy of this decisional document along with her application and the supporting evidence she provided, which...

  • ARMY | BCMR | CY2012 | 20120012566

    Original file (20120012566.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 10 January 2013 DOCKET NUMBER: AR20120012566 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. There are no documents in his available record, other than the DD Form 214, that show his SSN as x2x-xx-xxxx during his active duty service. DISCUSSION AND CONCLUSIONS: The applicant's record contains several documents that show he used the same SSN as it appears on his Social Security card during his active duty service.

  • ARMY | BCMR | CY2013 | 20130003088

    Original file (20130003088.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as "X4X-XX-XXXX." His DD Form 47 (Record of Induction) and other documents throughout his military record show his SSN as "X4X-XX-XXXX." However, the other documents in his military record containing his SSN and his social security card show his SSN as "X4X-XX-XXXX."

  • ARMY | BCMR | CY2012 | 20120008803

    Original file (20120008803.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Item 1 (Name and Service Number) of the applicant's DA Form 20 (Enlisted Qualification Record) shows his SSN as "x5x-xx-xxxx," the number he claims is correct. The evidence of record confirms the applicant provided his correct Social Security Number under which he performed his military service as evidenced by his DA Form 20.

  • ARMY | BCMR | CY2011 | 20110014015

    Original file (20110014015.txt) Auto-classification: Approved

    His military records show he was inducted into the Army on 28 July 1966. This DD Form 214 shows his SSN as X0X-XX-XXXX. Although all the documents in his records containing a SSN, with the exception of the DD Form 398, show his SSN as X0X-XX-XXXX, the DD Form 398 was completed by the applicant 2 days prior to his induction in the Army.

  • ARMY | BCMR | CY2011 | 20110015992

    Original file (20110015992.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as "263-XX-XXXX" instead of his temporary identification number (TIN) of "939-XX-XXXX." ABCMR Record of Proceedings (cont) AR20110015992 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of...

  • ARMY | BCMR | CY2014 | 20140015935

    Original file (20140015935.txt) Auto-classification: Approved

    The applicant states the SSN recorded in his military service records is incorrect. The evidence of record shows the applicant's correct SSN was entered in his military records during the period of service under review. Therefore, it would be appropriate to correct the applicant's DD Form 214 to show the SSN listed on Order Number 68-9, dated 6 April 1981.

  • ARMY | BCMR | CY2011 | 20110023288

    Original file (20110023288.txt) Auto-classification: Approved

    The applicant requests correction of his military record to show his correct social security number (SSN) as "357-XX-XXXX" instead of "431-XX-XXXX." Item 3 (SSN) of his DD Form 214 lists his SSN as "431-XX-XXXX." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing his correct SSN as listed on his social security card; b. amending item 3 of his DD Form 214 by deleting the current entry and adding the SSN as it is...