IN THE CASE OF:
BOARD DATE: 9 November 2010
DOCKET NUMBER: AR20100011581
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 526-xx-xx51 instead of 527-xx-xx43.
2. The applicant states that when he joined the Army, he was 17 years of age. His father enlisted him and accidentally gave him his brothers SSAN. Because the Army used service numbers at the time, he did not realize the error until recently, when he went to apply for Department of Veterans Affairs (VA) health benefits.
3. The applicant provides a copy of his Social Security Card bearing the number 526-xx-xx51 and a printout from the Social Security Administration (SSA) which verifies his SSAN as 526-xx-xx51.
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 records show he enlisted in the Regular Army on
13 December 1966 for a period of 3 years. Upon completion of basic combat and advanced individual training he was awarded military occupational specialty (MOS) 64C (Chauffer).
3. Item 2 (Service Number) of the applicant's DD Form 4 (Enlistment Record Armed Forces of the United States) shows the entry RA 18 xxx xxx. This form does not list an SSAN.
4. On 24 November 1969, after completing 1 year, 11 months, and 12 days of net active service, he was honorably released from active duty (REFRAD) and transferred to the United States Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve Service Obligation. Item 3 (Social Security Number) of this form lists his SSAN as 527-xx-xx43. The applicant authenticated this document in item 32 (Signature of Person Being Transferred or Discharged).
5. Special Orders Number 328, Headquarters, U.S. Army Personnel Center, dated 24 November 1969 lists his SSAN as 527-xx-xx43.
6. The available records show that all of the documents signed by the applicant during the period 13 December 1966 through 24 November 1969 list his SSAN as 527-xx-xx43.
7. The printout from the SSA, as well as the copy of the SSAN card submitted by the applicant, verifies his SSAN as 526-xx-xx51.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to list his social SSAN as 526-xx-xx51 instead of 527-xx-xx43, was carefully considered, however is not supported by the evidence of record.
2. Although the Social Security Administration has confirmed that the applicants correct SSAN is 526-xx-xx51," the entire record of service contains the SSAN 527-xx-xx43 on all pertinent documents.
3. For historical purposes, the Army has an interest in maintaining the integrity of its records. The information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed.
4. The applicant is in need of obtaining VA health benefits and states he is being denied benefits based on his inadvertent use of his brother's SSAN. This Report of Proceedings along with the application and supporting documents submitted by the applicant will be filed in his Official Military Personnel File (OMPF) to provide clarity for any confusion that may arise regarding his different SSANs.
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) AR20100011581
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ABCMR Record of Proceedings (cont) AR20100011581
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