BOARD DATE: 10 May 2011
DOCKET NUMBER: AR20100025988
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 the Social Security Number (SSN) on his release from active duty orders and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed to XX8-XX-XXX
2. The applicant states the incorrect SSN is causing him difficulty with a Department of Veterans Affairs (VA) claim.
3. The applicant provides copies of his release from active duty orders; DD Form 214; and a letter from the Social Security Administration stating, "Your Social Security Number appears to be XX8-XX-XXX since 1966."
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 FSM's military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, sufficient information is available to render a full and impartial review.
3. The documents submitted by the applicant show that the individual concerned served under SSN XX2-XX-XXXX. These are the only available service records.
4. Army Regulation 15185 (Army Board for Correction of Military Records), paragraph 29 (Burden of Proof) states, "The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence."
DISCUSSION AND CONCLUSIONS:
The Board must presume administrative regularity. Given that the only available military records show SSN XX2-XX-XXXX, it is necessary to conclude that the applicant served under that number. There is no basis for granting the requested relief.
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) AR20100025988
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ABCMR Record of Proceedings (cont) AR20100025988
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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