BOARD DATE: 30 November 2010
DOCKET NUMBER: AR20100013467
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 the social security number ***-**-2614 on his DD Form 214 (Report of Separation from Active Duty) with an effective date of 9 August 1973 be changed to his current SSN ***-**-2746.
2. The applicant states the Internal Revenue Service authorized the Social Security Administration to issue him the new SSN ***-**-2746.
3. The applicant provides copies of:
* his DD Form 214
* a letter, dated 16 April 2010, 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 personnel records show he enlisted in the Regular Army on 17 November 1970 for 3 years.
3. The applicant's SSN on his DD Form 4 (Enlistment Contract - Armed Forces of the United States) is shown as ***-**-2614. Records throughout his Military Personnel Records Jacket (MPRJ) identify him with the SSN ***-**-2614.
4. On 9 August 1973, the applicant was discharged. Item 3 (Social Security Number) shows his SSN as ***-**-2614.
5. A letter, dated 16 April 2010, from the Social Security Administration states the SSN ***-**-2614 was issued to the applicant in March 1968. He used this SSN from 1968 to 1984. In 1984, he was issued the SSN, ***-**-2746, for an unknown reason. He receives his social security benefits under the SSN issued in 1984. The Social Security Administration cross-references both numbers since both numbers do in fact belong to him.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his new SSN ***-**-2746 should be entered on his
DD Form 214.
2. The applicant enlisted in the Army and served his entire period of service using the SSN ***-**-2614. He was not issued the new SSN ***-**-2746 until 1984, over 10 years after his discharge. Therefore, the issuance of a new SSN does not change the SSN that he is identified by in his military records.
3. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should actually 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, this Board is reluctant to recommend that those records be changed.
4. This Record of Proceedings, along with the applicant's application and supporting documents, will be filed in his military record to provide clarity and to deal with any confusion that may arise regarding the difference in his SSN. Filing the Board's decisional document will also guarantee the historical integrity of the applicant's military record regarding the SSN under which he served.
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) AR20100013467
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ABCMR Record of Proceedings (cont) AR20100013467
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