IN THE CASE OF:
BOARD DATE: 12 May 2011
DOCKET NUMBER: AR20100027804
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 correct social security number of
xxx-x2-9841.
2. The applicant states the social security number on his military paperwork is incorrect.
3. The applicant provides copies of a letter from the Social Security Administration and his DD Form 214.
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's DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), dated 12 July 1978, shows he enlisted in the U.S. Army Reserve (USAR) for a period of 6 years, using social security number
xxx-x8-4201. On 21 August 1978, he was discharged from the USAR and he enlisted in the Regular Army on 22 August 1978 for a period of 3 years.
3. The applicant's DA Form 428 (Application for Identification Card) shows his military identification card was issued on 4 April 1981 using social security number xxx-x8-4201.
4. His DA Form 3686 (JUMPS-Army Leave and Earnings Statement) for the period 1-30 September 1983 shows in item 5 (Social Security Number) the entry
xxx-x8-4201.
5. The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows his social security number as xxx-x8-4201.
6. The applicant was released from active duty on 7 August 1980 and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation. Item 3 (Social Security Number) of the DD Form 214 he was issued at the time shows his social security number as xxx-x8-4201.
7. The applicant continued to serve in the USAR using social security number xxx-x8-4201. Orders D-03-017174, issued by the U.S. Army Reserve Personnel Center, St. Louis, MO, dated 13 March 1985, honorably discharged the applicant from the Ready Reserve effective the same date. These orders show his social security number as xxx-x8-4201.
8. The applicant provides a copy of a letter from the Social Security Administration, dated 9 November 2010. This letter shows his social security number as xxx-x2-9841. Their records also show a change in name showing the same social security number.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicant served in the Regular Army and the USAR during the period 12 July 1978 through 13 March 1985, using the same social security number of xxx-x8-4201.
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 his correct social security number 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 correct social security number, 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 social security number recorded in his military record and to satisfy his desire to have his correct social security number documented in his OMPF.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20100017326
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100027804
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