IN THE CASE OF:
BOARD DATE: 6 January 2011
DOCKET NUMBER: AR20100019057
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 DD Form 214 (Report of Separation from Active Duty) to show his social security number (SSN) as "xx5-x9-8301" instead of "xx7-x6-2496."
2. The applicant states the Army swore him in under an incorrect SSN which he believes to be his service number. The Army made a clear error that needs to be corrected.
3. The applicant provides a copy of a Social Security card.
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 applicants military records are not available to the Board for review. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 indicates he enlisted in the Texas Army National Guard (TXARNG) on or about 24 December 1973. A copy of his DD Form 4 (Enlistment Document) is not available for review with this case.
4. He entered active duty for training (ADT) on 21 June 1974. He completed the required training and he was awarded military occupational specialty 45E (Tank Turret Repairman). He was honorably released from ADT on 7 December 1974 to the control of his ARNG unit.
5. Item 3 (SSN) of his DD Form 214 shows the entry "xx7-x6-2496." He authenticated this form by placing his signature in the appropriate block.
6. The applicant submitted a copy of a Social Security card issued on
17 September 2009 that shows an individual with the same name as that of the applicant with an SSN of "xx5-x9-8301." However, there is no verification from the Social Security Administration of this SSN or name.
DISCUSSION AND CONCLUSIONS:
1. The applicant's service records, including his DD Form 4, are not available for review with this case. It is unclear what SSN he used upon his enlistment in the ARNG and/or entry on active duty or during his military service. The Army did not use service numbers at the time he enlisted.
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 reconstructed record. This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his available records and to satisfy his desire to have his correct SSN documented.
4. 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) AR20100019057
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ABCMR Record of Proceedings (cont) AR20100019057
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