IN THE CASE OF:
BOARD DATE: 23 December 2010
DOCKET NUMBER: AR20100017275
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 that his records be corrected to reflect a Social Security Number (SSN) of 237-XX-XXXX instead of 243-XX-XXXX.
2. The applicant states that his records reflect an incorrect SSN of
243-XX-XXXX and they should reflect an SSN of 237-XX-XXXX.
3. The applicant provides a Form SSA-5002 indicating he has been assigned the SSN of 237-XX-XXXX and that another individual has been assigned the SSN of 243-XX-XXXX since 1972.
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 enlisted in the Regular Army in Charlotte, North Carolina on
28 May 1975 for a period of 3 years. At the time of his enlistment he indicated that his SSN was 243-XX-XXXX and he continued to use this SSN. He completed his one-station unit training at Fort Jackson, South Carolina and he was transferred to Fort Benning, Georgia for his first and only duty assignment as a clerk-typist.
3. On 13 February 1976, he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-37 and the Expeditious Discharge Program (EDP) for failure to maintain acceptable standards for retention. He had served 9 months and 16 days of active duty and his DD Form 214 reflects that his SSN is 243-XX-XXXX.
4. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of separation documents and that regulation provides, in pertinent part, that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation. Changes that occur subsequent to the date of separation will not be entered on that form retroactively unless the change occurred during the period covered by that form.
DISCUSSION AND CONCLUSIONS:
1. The Army has an interest in maintaining the accuracy of its records and the evidence of record clearly shows the applicant served his entire period of service under the SSN that is currently reflected on his DD Form 214. The fact that the applicant now contends his SSN is incorrect 34 years after the fact with no explanation as to the difference in the SSNs is not a sufficient basis to alter records that are correct as they now exist.
2. However, a copy of these proceedings and the documents submitted by the applicant will be placed in the applicants official records to resolve any future questions that may arise involving the applicants SSN.
3. Accordingly, there is no basis to grant the applicants request to change his SSN in his official military records.
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) AR20100017275
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ABCMR Record of Proceedings (cont) AR20100017275
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