BOARD DATE: 29 March 2011
DOCKET NUMBER: AR20100024108
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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as
xxx-xx-5192 instead of xxx-xx-8158.
2. He states the SSN:
* on his DD Form 214 is wrong
* used in the military was invalid
* on his U.S. Army Reserve (USAR) discharge [orders] is bad
* is causing him problems with his applications for federal and state benefits
3. He provides a copy of his DD Form 214, social security card, and a letter from the Social Security Administration.
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 21 August 1986. His DD Form 4/1 (Enlistment/Reenlistment Document) shows his SSN as xxx-xx-8158.
3. All of the documents in his service personnel records show his SSN as
xxx-xx-8158.
4. He was honorably released from active duty on 16 August 1989 and transferred to the USAR Control Group (Reinforcement) on the following day. Item 3 (SSN) of his DD Form 214 shows his SSN as xxx-xx-8158.
5. Orders that discharged him from the USAR on 21 December 1993 show his SSN as xxx-xx-8158.
6. He provided a copy of his social security card and a letter from the Social Security Administration, dated 16 December 2010, which show his SSN as
xxx-xx-5192.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicants social security card and the letter from the Social Security Administration both show his SSN as xxx-xx-5192. However, all of the documents in his service record show his SSN as xxx-xx-8158.
2. 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 have the SSN he now uses recorded 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 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 records 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.
_______ _ 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) AR20100024108
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ABCMR Record of Proceedings (cont) AR20100024108
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