IN THE CASE OF:
BOARD DATE: 4 January 2011
DOCKET NUMBER: AR20100016853
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 military records to show his social security number (SSN) as "xxx-xx-8113" (a completely different number) instead of "xxx-xx-1714."
2. The applicant states in 1957 his sergeant walked into the barracks and asked for his SSN. He told his sergeant he did not know it. So, the sergeant told him he would make one up for him. He was young and did not know any better. He purchased two homes using his Department of Veterans Affairs (VA) benefits and is currently utilizing the VA hospital benefits. He would like to buy another home but someone pointed out the incorrect SSN. All his military records contain the incorrect SSN.
3. The applicant provides:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Form SSA-2458 (Report of Confidential Social Security Benefit Information)
* Social Security Administration (SSA) verification printout
* VA Certificate of Eligibility for Loan Guarantee Benefits
* Honorable Discharge Certificate
* DA Form 2139 (Military Pay Voucher)
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 on 6 March 1957. His DD Form 4 (Enlistment Record - Armed Forces of the United States) listed his Service Number (SN); it did not list his SSN.
3. His DA Form 24 (Service Record) which was created upon his entry on active duty listed his SN as well as his SSN. His SSN is shown as "xxx-xx-1714."
4. On 24 September 1959, he completed a DD Form 93 (Record of Emergency Data) and listed his SSN as "xxx-xx-1714." He authenticated this form by placing his signature in the appropriate block.
5. He was honorably released from active duty on 4 March 1960 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation. Item 32 (Remarks) of his DD Form 214 listed his SSN as "xxx-xx-1714." He authenticated this form by placing his signature in the appropriate block.
6. The applicant submitted:
a. A copy of a contemporaneous military pay voucher that listed his SSN as "xxx-xx-1714."
b. Form SSA-2458, dated 21 May 2010; an SSA printout, dated 21 May 2010; and a VA Certificate of Loan Eligibility, dated 22 February 1973, all of which listed his SSN as "xxx-xx-8113.
c. An Honorable Discharge Certificate, dated 30 April 1963, that listed his SN.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his current SSN is not shown on his DD Form 214.
2. The evidence of record shows that during his military service, the applicant used the SSN xxx-xx-1714. This SSN is shown on his DD Form 93, DA Form 20, and Military Pay Voucher. He did not use the requested SSN during his military service.
3. For historical purposes, the U.S. Army has an interest in maintaining the accuracy of its records. In this regard, the information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed. Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, was correct at the time. Therefore, there is insufficient evidence to grant him relief in this case.
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) AR20100016853
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ABCMR Record of Proceedings (cont) AR20100016853
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