IN THE CASE OF:
BOARD DATE: 10 August 2010
DOCKET NUMBER: AR20100007806
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his correct Social Security Number (SSN).
2. The applicant states an error was made on his DD Form 214.
3. The applicant provides his DD Form 214, SSN card, and a letter from the Social Security Administration that states the applicant came into the Social Security office with two documents that contained two different SSN's. One SSN belongs to the applicant and the SSN on the applicant's DD Form 214 belongs to his father. However, for social security purposes, everything is correctly shown under the applicant's SSN.
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 applicants military records show that he enlisted in the Regular Army on 3 June 1977 and was awarded the military occupational specialty of supply specialist. He reenlisted on 18 March 1980 and was issued a General Discharge Certificate on 6 December 1982 for drug abuse rehabilitation failure.
3. The records contained in the applicant's Military Personnel Records Jacket show he enlisted under his father's SSN, served under his father's SSN, reenlisted under his father's SSN, and was discharged under his father's SSN. There are no documents in his records which has an SSN entered that does not reflect his father's SSN.
DISCUSSION AND CONCLUSIONS:
1. For historical purposes, the Army has an interest in maintaining the integrity of its records. The information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
2. In the absence of a showing of material error or injustice, those records should not be changed.
3. In the applicant's case the records reflect the correct SSN under which military service was performed.
4. While the applicant's desire to have the records changed is understood, there is no basis for compromising the integrity of the Army's records.
5. In view of the forgoing, there is no basis for granting the applicant's request.
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) AR20100007806
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100007806
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