BOARD DATE: 10 November 2010
DOCKET NUMBER: AR20100014894
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 records to show his correct social security number (SSN).
2. The applicant states he served his country honorably for 8 years under the wrong SSN, not knowing it was incorrect. He requests the correction because he knows how important his SSN is in receiving benefits.
3. The applicant provides a Social Security Administration statement verifying his correct SSN.
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 U.S. Army Reserve Delayed Entry Program on 7 January 1982. He enlisted in the Regular Army on 15 January 1982. He completed initial entry training and was awarded military occupational specialty 63E (M-1 Abrams Tank Systems Mechanic).
3. His DD Forms 4 (Enlistment/Reenlistment Document), dated 7 January 1982 and 15 January 1982, as well as his DA Form 1695 (Oath of Extension of Enlistment), dated 24 March 1983, show the SSN he now claims is incorrect.
4. On 28 January 1986, he reenlisted for 4 years. His reenlistment DD Form 4 shows the SSN he now claims is incorrect.
5. He was discharged from the service on 23 January 1990. Item 3 (SSN) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the SSN he now claims is incorrect.
6. There are no documents in his official military personnel file (OMPF) that show the SSN he now claims as correct.
7. Army Regulation 635-5 (Separations 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 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's request that his records be corrected to reflect his correct SSN has been carefully reviewed.
2. The evidence of record shows he served under the SSN he now claims is incorrect throughout his entire military career. 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 his desire to now record his correct SSN in his military records is understandable, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
3. The applicant is advised that a copy of this decisional document along with his application and the Social Security Administration verification statement will be filed in his OMPF. This should serve to clarify any questions or confusion in regards to the different SSN recorded in his military record and to satisfy his desire to have his correct 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) AR20100014894
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