IN THE CASE OF:
BOARD DATE: 10 February 2011
DOCKET NUMBER: AR20100019863
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 his social security number (SSN) be correctly documented in his military record.
2. The applicant states his SSN is wrong.
3. The applicant provides a Social Security Administration letter and printout, both dated 19 July 2010; a copy of his social security card, dated 12 March 2009; and an Ohio Identification Card, issued 24 February 2009.
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. A review of the applicant's record shows he enlisted in the Regular Army on 30 September 1977. His enlistment contract shows the last four numbers of his SSN as "7420."
3. A review of his record shows all documents contain the same SSN ending in "7420." These documents include:
* DD Form 1966 (Application for Enlistment Armed Forces of the United States)
* DA Form 2-1 (Personnel Qualification Record)
* DD Form 93 (Record of Emergency Data)
* Standard Form 93 (Report of Medical History)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
4. On 3 June 1980, he was released from active duty after completing a total of 2 years, 6 months, and 2 days of active military service. The DD Form 214 issued to him and authenticated with his signature lists his SSN as ending in "7420" in item 3 (Social Security Number).
5. He provides verification from the Social Security Administrations which states his SSN has ended in "2437" since his date of birth. Further, he provides a social security card which shows the last four numbers of his SSN as "2437." The state-issued identification card he provides does not contain an SSN.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his military record should be corrected to show the last four numbers of his SSN as "2437."
2. It is clear his active duty service was performed under the SSN he now claims is in error and this SSN was the one recorded in the military records prepared upon his entry on active duty and throughout his active duty tenure. For historical purposes, the Army has an interest in maintaining the accuracy of its records. 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, the SSN listed in his military records should not be changed.
3. However, for clarity purposes this decisional document, along with the supporting material provided by the applicant, will be filed in his military personnel file. This should serve to resolve any questions related to the two different SSN's used by the applicant.
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 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) AR20100019863
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ABCMR Record of Proceedings (cont) AR20100019863
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