IN THE CASE OF:
BOARD DATE: 7 October 2010
DOCKET NUMBER: AR20100011185
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 military records be corrected to reflect his proper social security number (SSN).
2. The applicant states he was given an SSN that had already been given to someone else. The Social Security Administration (SSA) corrected the problem by issuing him a new SSN.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty), a U.S. Army Reserve Personnel Command Form 249-2-E (Chronological Statement of Retirement Points), and documents from the SSA which show that because the applicant's SSN had been issued to another person, he was given an entirely different 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 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's military records show he enlisted in the Regular Army on 4 May 1995, was awarded the military occupational specialty of Abrams Armor Crewman, and was promoted to pay grade E-4.
3. He was honorably released from active duty on 3 September 1998.
4. The applicant enlisted under, served under, and was separated from active duty under the same SSN.
DISCUSSION AND CONCLUSIONS:
1. For historical purposes, the Army has an interest in maintaining the accuracy 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 applicant's case, the records reflect the SSN under which his military service was performed.
3. While the applicant's SSN was changed after his release from active duty, the fact remains that he served under a different SSN.
4. While the Board understands the applicant's desire to have the records changed, it finds no basis for compromising the integrity of the Army's records. However, a copy of this Record of Proceedings will be filed in the applicant's Official Military Personnel File so as to clarify the difference between the SSN in his military records and the SSN he is currently assigned.
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) AR20100011185
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ABCMR Record of Proceedings (cont) AR20100011185
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