BOARD DATE: 19 October 2010
DOCKET NUMBER: AR20100012448
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 the social security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states his enlistment contract and personnel and medical records erroneously list the SSN as shown on his DD Form 214. He was not aware of this error until he filed a claim for Department of Veterans of Affairs.
3. He provides copies of his, DD Form 4 (Enlistment Contract - Armed Forces of the United States), his DD Form 214, and a letter from the Social Security Administration.
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 contain a DD Form 398 (Statement of Personnel History) dated 2 March 1971. This form completed by the applicant shows he entered the same SSN as shown on his DD Form 214 as his SSN.
3. His military records show he enlisted in the Regular Army, in pay grade E-1, on 5 March 1971, for 2 years. His DD Form 4, Item 1 (Service No./SSN) and all documents contained in his official military personnel file (OMPF) shows the same SSN as that shown on his DD Form 214.
4. He was honorably released from active duty on 3 July 1973, at the expiration of his term of service, and was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). Item 3 (SSN) of his DD Form 214 lists the SSN he used throughout his period of military service.
5. He was honorably discharged from the USAR on 4 March 1977. The SSN listed on his discharge orders is the same SSN as shown throughout his OMPF and on his DD Form 214.
6. He submitted a copy of a letter from the Social Security Administration, dated 23 November 2009. The letter identifies an individual with the same first and last names as the applicant and shows a totally different SSN than that listed throughout his OMPF and on his DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows at the time of the applicant's enlistment and at the time of his release from active duty and discharge from the USAR, all of the documents contained in his OMPF reflect the same SSN as listed on his DD Form 214. This SSN is a totally different SSN than listed on the letter from the Social Security Administration. This letter also does not sufficiently confirm the individual identified as the recipient of the SSN listed is the applicant or another individual with the same first and last names.
2. The evidence of records confirms the SSN he listed on his DD Form 398 and shown on all documents contained in his OMPF was recognized by the Army and he served with that SSN until the time of his separations in 1973 and 1977.
3. While the Board understands his desire to have the records changed, it finds no basis for compromising the integrity of the Army's records. For historical purposes, the Army has an interest in maintaining the accuracy of its records for historical purposes. The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, no basis has been established to support the change requested.
4. In view of the foregoing, there is no basis for granting his 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) AR20100012448
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ABCMR Record of Proceedings (cont) AR20100012448
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