IN THE CASE OF:
BOARD DATE: 15 February 2011
DOCKET NUMBER: AR20100019134
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, in effect, changes to her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:
* her social security number (SSN) is 330-xx-xxxx
* her deployed service in support of the Operations Iraqi Freedom (OIF) and Enduring Freedom (OEF)
2. The applicant states the SSN on her DD Form 214 is incorrect and her "gulf war time" is not reflected on this form.
3. The applicant provides copies of:
* her DD Form 214
* a Form SSA-2458 (Report of Confidential Social Security Benefit Information)
* a Certification of Birth
* a social security card
* a summary of Federal Insurance Contributions Act (FICA) Earnings
* a Social Security Administration SSN printout
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 on 17 June 1999. She was discharged on 9 June 2003 after completing 3 years, 11 months, and 23 days of active military service.
3. The DD Form 4 (Enlistment/ Reenlistment Document) executed at the time of her enlistment shows SSN 345-xx-xxxx.
4. An Enlisted Record Brief (ERB), dated 27 March 2003, shows SSN
345-xx-xxxx. Section D (Overseas Service) contains no entries.
5. Item 3 (SSN) of her DD Form 214 shows 345-xx-xxxx. Item 12f (Foreign Service) shows no foreign service.
6. A review of her record in the interactive Personnel Electronic Records Management System (iPERMS) shows she used SSN 345-xx-xxxx throughout her military service.
7. The Form SSA-2458 she provides shows SSN 330-xx-xxxx. This form includes a statement that indicates she was issued SSN 345-xx-xxxx in 1981.
8. The social security card and other documents she provides show
SSN 330-xx-xxxx.
9. The record is void of documentation showing she was deployed in support of OIF or OEF.
10. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation states:
a. for item 3, verify the accuracy with the ERB;
b. for item 12f, from the ERB enter the total amount of foreign service completed during the period covered in block 12c; and
c. in item 18 (Remarks) enter the statement SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD -YYYYMMDD) for an active duty Soldier deployed with his or her unit during their continuous period of active service.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not support the applicant's request to change the SSN on her DD Form 214 or to add a statement showing she was deployed in support of OIF/OEF.
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 her current SSN in her 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 her application and the supporting evidence she provided, which confirms her current SSN, will be filed in her Official Military Personnel File in iPERMS. This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in her military record and satisfies her desire to have her current SSN documented in her military record.
4. The available documentation does not show she deployed in support of OIF/OEF. Without documentation verifying she deployed, there is no basis for adding a statement to her DD Form 214.
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) AR20100019134
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ABCMR Record of Proceedings (cont) AR20100019134
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