IN THE CASE OF:
BOARD DATE: 6 January 2011
DOCKET NUMBER: AR20100017333
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, through his Member of Congress, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as "xx2-xx-3877" instead of "xx1-xx-2278."
2. The applicant states he was previously issued the wrong SSN by the Social Security Administration (SSA) and he enlisted in the Army using this wrong SSN.
3. The applicant provides a verification statement from the SSA.
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 (RA) for a period of 3 years on 21 October 1982. Item 2 (SSN) of his DD Form 4 (Enlistment or Reenlistment Document) shows his SSN as "xx1-xx-2278." 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 - Part 2), that was created upon his entrance into the Army, shows the same SSN as that shown on his DD Form 4. He reviewed this form and authenticated the DA Form 2-1 by placing his signature in the appropriate block.
4. His records contain various personnel and medical documents, including a DA Form 873 (Certificate of Clearance and/or Security Determination); a DA Form 428 (Application for Identification Card); a Bar to Reenlistment Certificate; a Record of Proceedings under Article 15, a Servicemen's Group Life Insurance Election Certificate, a Record of Emergency Data, and various other records that show his SSN as "xx1-xx-2278." He authenticated several of these documents by placing his signature in the appropriate block.
5. He was honorably released from active duty on 20 October 1985 and he was transferred to the U.S. Army Reserve Control Group for completion of his service obligation. Item 3 of his DD Form 214 shows his SSN as "xx1-xx-2278."
6. The applicant submitted a letter from the SSA, dated 14 June 2010. This letter states that he was assigned SSN "xx1-xx-2278"; however, that number was previously assigned to someone else and he, the applicant, was assigned a new SSN of "xx2-xx-3877."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the RA on 21 October 1982 using SSN "xx1-xx-2278." 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 SSN shown on his SSA correspondence during the time he served on active duty.
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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is
understandable the applicant desires to now record his correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys 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 correct SSN, will be filed in his service record. 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 correct SSN documented in his 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) AR20100017333
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ABCMR Record of Proceedings (cont) AR20100017333
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