IN THE CASE OF:	  

		BOARD DATE:	  29 October 2010

		DOCKET NUMBER:  AR20100012621 


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 item 3 (Social Security Number (SSN)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a different SSN than the one shown. 

2.  The applicant states his current employer, the Department of Homeland Security, is requesting that he obtain a new DD Form 214 showing his correct SSN.  He was issued a new SSN after his separation from the Army due to a fraudulent misuse of his SSN by another individual.

3.  The applicant provides the following documents:

* A copy of his DD Form 214
* A letter from the Social Security Administration (SSA)
* A copy of a Social Security Card

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 records show he enlisted in the Regular Army for a period of 3 years and 18 weeks on 31 October 1989.  His DD Form 4 (Enlistment/ Reenlistment Document - Armed Forces of the United States) listed his SSN as "2xx-5x-7xxx."  He authenticated this form and all allied documents by placing his signature in the appropriate places.

3.  His DA Form 2-1 (Personnel Qualification Record) that was created upon his entrance into the Army shows his SSN the same as that shown on his enlistment contract.

4.  His records also show he completed basic and advanced individual training and was awarded military occupational specialty 13F (Fire Support Specialist).  

5.  On 30 May 1990, he was issued a DA Form 873 (Certificate of Clearance and/or Security Determination) that listed his SSN as that listed on his enlistment contract.  

6.  His records contain various personnel and medical documents, including a promotion order, separation order, test scores, and several chronological records of medical care that show his SSN as "2xx-5x-7xxx."  He authenticated several of these documents by placing his signature in the appropriate block.

7.  He was honorably released from active duty on 2 March 1993 by reason of expiration of term of service.  He was transferred to a U.S. Army Reserve unit to complete his Reserve obligation.  Item 3 of the DD Form 214 he was issued shows his SSN as "2xx-5x-7xxx."  He authenticated this form with his signature.

8.  He submitted a copy of a Social Security Card that contains his name and the SSN of "5xx-4x-3xxx."  He also submitted a letter, dated 17 October 1994, from the SSA, wherein he was advised that the SSN "2xx-5x-7xxx" was assigned to him on 23 May 1974.  However, another individual began using this SSN and accordingly, the SSA assigned him a new SSN and issued him a new Social Security Card in or around October 1994.

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the Regular Army on 31 October 1989 using SSN "2xx-5x-7xxx."  He consistently used this SSN throughout his entire period of military service.  He authenticated several documents by placing his signature in the appropriate blocks, indicating this was his correct SSN.  He did not use the newly-issued SSN during the time he served in an active duty status.

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 new 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.

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 new SSN, will be filed in his Official Military Personnel File (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 new 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)                                         AR20100012621



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ABCMR Record of Proceedings (cont)                                         AR20100012621



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