IN THE CASE OF:
BOARD DATE: 31 August 2010
DOCKET NUMBER: AR20100008074
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 social security number (SSN) as
x42-x4-6xxx instead of x24-x9-9xxx.
2. The applicant states he did not know the SSN he used while in the military was incorrect until after he was released from the military.
3. The applicant provides a:
* copy of his DA Form 428 (Application for Identification Card), dated
23 October 1980
* copy of his Social Security card
* copy of his Virginia Commercial Driver's License issued on
14 December 2005
* copy of his U.S. Passport issued on 16 December 2006
* Social Security Administration (SSA) printout, dated 7 July 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's military records show he enlisted in the Regular Army on 19 June 1979. He completed initial entry training and he was awarded military occupational specialty 13B (cannon crewman).
3. He was released from active duty (REFRAD) on 26 November 1980 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. He had completed a total of 1 year, 5 months, and 8 days of active service.
4. His DD Form 214, DD Form 4 (Enlistment Contract - Armed Forces of the United States), and all other documents throughout his Official Military Personnel File (OMPF) containing an SSN show his SSN as x24-x9-9xxx.
5. The SSA printout and Social Security card he provided show his current SSN as x42-x4-6xxx.
6. Army Regulation 635-5 (Separation Documents) provides 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 service at the time of release from active duty, retirement, or discharge. The regulation in effect at the time stated that for item 3 (Social Security Number) of the DD Form 214, verify accuracy with the SSN of record.
DISCUSSION AND CONCLUSIONS:
1. The applicant provides a current SSA printout and a Social Security card showing his SSN as x42-x4-6xxx. However, he used the SSN of x24-x9-9xxx throughout his military service. He enlisted, served, and he was REFRAD under the SSN shown in his OMPF.
2. 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 SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. 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 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) AR20100008074
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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