IN THE CASE OF:
BOARD DATE: 17 March 2011
DOCKET NUMBER: AR20100023029
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 military records be corrected to reflect the correct Social Security Number (SSN) as depicted on the Social Security Card he provides with his application.
2. The applicant states, in effect, the recruiter enlisted him using the SSN that is shown on his DD Form 214. He goes on to state that he was 18 years of age at the time and he did not think it was important. However, he knows it is important and he desires his SSN to be changed to show his SSN as "488-XX-XXXX."
3. The applicant provides a copy of his birth certificate from Missouri, a copy of his Social Security Card, and a copy of his Voters Registration Card for Florida.
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 was born on 19 July 1957 and enlisted in the Regular Army in Coral Gables, Florida on 6 April 1976 for a period of 3 years. He indicated that his SSN was 262-XX-XXXX.
3. He served his entire enlistment using SSN 262-XX-XXXX. He was honorably released from active duty (REFRAD) on 21 February 1980 and his DD Form 214 reflects this SSN.
4. On 1 December 1983, he submitted a request to the National Personnel Records Center in St. Louis, Missouri requesting a copy of his DD Form 214 for employment purposes and he indicated that his SSN was 262-XX-XXXX.
5. There is no evidence in the applicants official records that show he served under or possessed a SSN other than the one entered in his records.
6. A search of the Social Security Administration website reflects that SSNs beginning with the first three digits of 262 267 were issued in Florida. Digits 486 500 were issued in Missouri.
7. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the
DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted, served, and was honorably REFRAD under SSN 262-XX-XXXX. There is no evidence of record or independent evidence that suggests his military records exhibits a material error or injustice. Additionally, the applicant has offered no explanation as to the difference in the SSN he used at the time he served in the military and the SSN he currently uses.
2. Additionally, he has provided no evidence from the Social Security Administration to verify which Social Security Number is assigned to him or any explanation for the two completely different SSNs.
3. For historical purposes, the Army has an interest in maintaining the integrity 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 that the applicant desires to now record his current SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his current SSN, will be filed in his Official Military Personnel File (OMPF). 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 current SSN documented in his OMPF.
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.
_______ _ _______ ___
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) AR20100023029
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ABCMR Record of Proceedings (cont) AR20100023029
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