BOARD DATE: 16 November 2010
DOCKET NUMBER: AR20100012161
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 social security number (SSN) as shown on his DD Form 214 (Report of Separation from Active Duty).
2. The applicant states he needs to change his SSN on his DD Form 214 because it has changed due to identity theft. He is now in a lot of pain and needs to go to the Department of Veterans Affairs (VA) hospital, but he can't receive treatment without a corrected SSN on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 with a separation date of 19 August 1977 and a Social Security Administration (SSA) benefit information sheet.
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 enlisted in the Regular Army for a 2-year period on 3 June 1975. He completed his initial entry training and was awarded military occupational specialty 11D (Armor Reconnaissance Specialist).
3. Item 1 (Service Number/SSAN) of the applicant's DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows his SSN as
"XXX-XX-6182." There is no source document available in his personnel record to support this entry on his enlistment contract.
4. Item 4 (Social Security Number) of his DD Form 1584 (National Agency Check Request) shows his SSN as "XXX-XX-6182" when his initial National Agency Check was completed on 5 March 1975.
5. The applicant's military personnel records show his SSN as "XXX-XX-6182." This SSN was used consistently in the publication of his military orders and related documents, to include a DA Form 873 (Certificate of Clearance and/or Security Determination under Executive Order 10450).
6. On 19 August 1977, the applicant was discharged under the expeditious discharge program and he was issued a DD Form 214. Item 3 (SSN) of this DD Form 214 shows the entry "XXX-XX-6182."
7. The applicant submitted an SSA benefit information sheet, dated 25 March 2010, showing his SSN as "XXX-XX-9432."
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states 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 Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his SSN should be corrected to show
"XXX-XX-9432" on his DD Form 214 because the SSA changed his SSN due to identity theft. Additionally, he contends he needs his current SSN on his DD Form 214 so he can receive medical care at a VA hospital.
2. The original SSN verification document used to prepare his initial DD Form 4 when he enlisted in the Regular Army is not available for review. However, his DD Form 4 shows his SSN as "XXX-XX-6182" and this SSN is used on documents within his OMPF throughout his period of service, to include his DD Form 214.
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 current SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's 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 current SSN will be filed in his OMPF. This should serve to clarify any questions or confusion concerning the difference in his SSN recorded in his military record and to satisfy his desire to have his current 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) AR20100012161
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