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 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 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 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 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.
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