Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110003100
Original file (20110003100.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  6 September 2011

		DOCKET NUMBER:  AR20110003100


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 5xx-9x-2xxx instead of 5xx-1x-6xxx.

2.  The applicant states the SSN of 5xx-1x-6xxx in his service record is incorrect.

3.  The applicant provides:

* his DD Form 214
* a Social Security Card with the number 5xx-9x-2xxx
* his Certificate of Birth issued by the City of New York

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.  The applicant enlisted in the Regular Army on 12 August 1980 for a period of 3 years.  Every document in his service record shows he held the SSN of
5xx-1x-6xxx.  These documents include:

* a DD Form 4/1-4 (Enlistment/Reenlistment Document - Armed Forces of the United States), signed by the applicant, dated 18 January 1980
* a DD Form 2057 (Contributory Educational Assistance Program - Statement of Understanding), signed by the applicant, dated 18 January 1980
* Defense Investigative Service (DIS) Form 1 (Defense Investigative Service Standard System Document) for an Entrance National Agency Check (ENTNAC) for a individual with the same name as the applicant with an SSN of 5xx-1x-6xxx, dated 19 March 1980
* a DD Form 1966/1-8 (Record of Military Processing), signed by the applicant, dated 7 December 1980
* a DA Form 2496 (Disposition Form), subject:  Relief from BSEP I Course, dated 13 January 1981
* a DD Form 2496, subject:  Waiver of Enlistment Commitment, signed by the applicant, dated 15 January 1981
* a DD Form 1172 (Application for Uniformed Service Identification and Privilege Card), signed by the applicant, dated 4 January 1982
* a DA Form 428 (Application for Identification Card), signed by the applicant, dated 2 May 1983

3.  On 11 August 1983, the applicant was honorably released from active duty at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  The DD Form 214 he was issued at the time shows his SSN as 5xx-1x-6xxx.

4.  There is no evidence of record and the applicant did not provide any evidence that shows he raised the issue of an incorrect SSN at any time during his active service.

5.  The applicant provides an unsigned Social Security Card bearing the name W-----t J. O---z–M------z and an SSN of 5xx-9x-2xxx.



6.  The applicant provides a copy of his birth certificate that shows his date of birth, but no SSN.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The version of the regulation in effect at the time stated for item 3 (SSN) check records with the separatee's social security card when possible.  Otherwise, verify the accuracy of the SSN of record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his SSN in his records and on his
DD Form 214.

2.  The applicant's entire service record shows he served under the SSN of
5xx-1x-6xxx.

3.  The applicant provides an unsigned Social Security Card showing an SSN of 5xx-9x-2xxx and claims that is his real SSN.  This document is not accepted as a valid Social Security Card; the applicant did not provide documentation from the Social Security Administration validating the card or explaining why he apparently had multiple cards and/or numbers.

4.  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 claimed correct SSN in his military records, there is an insufficiently evidentiary basis or compelling reason for compromising the integrity of the Army’s records at this late date.

5.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which shows the SSN he claims to be correct, 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 claimed correct 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)                                         AR20110003100



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110003100



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2008 | 20080014385

    Original file (20080014385.txt) Auto-classification: Denied

    Evidence of record shows the same SSN was used at the time of the applicant’s 1989 enlistment, her release from active duty on 30 May 1989, and her release from active duty on 5 June 1991. ___________XXX______________ 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) AR20080014385 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF...

  • ARMY | BCMR | CY2014 | 20140002180

    Original file (20140002180.txt) Auto-classification: Approved

    The applicant requests correction of the social security number (SSN)) listed in item 32 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to be shown as "5XX-1X-6XXX" instead of "4XX-6X-7XXX." His military record contains the following: * DD Form 398 (Statement of Personal History) which lists his SSN as verified by the SSA * DD Form 47 (Record of Induction), dated 14 October 1964, which does not list his SSN * DA Form 41 (Record of Emergency...

  • ARMY | BCMR | CY2012 | 20120021442

    Original file (20120021442.txt) Auto-classification: Denied

    The applicant requests correction of his military records to show his social security number (SSN) as "XXX-2X-6XXX" instead of "XXX-6X-2XXX." 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. A review of every document contained in his available military personnel and health records, many...

  • ARMY | BCMR | CY2012 | 20120022868

    Original file (20120022868.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his Social Security Number (SSN) as "5xx-0x-4xxx" as listed on his Social Security card. 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. Although the applicant...

  • ARMY | BCMR | CY2009 | 20090001410

    Original file (20090001410.txt) Auto-classification: Denied

    The applicant requests correction of his records to show his correct social security number (SSN). While the Form SSA-2458 from the Social Security Administration and the copy of his social security card show his SSN as 2xx-5x-8xxx, his official military records show he served on active duty under both 3xx-1x-2xxx and 3xx-1x-4xxx. 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...

  • ARMY | BCMR | CY2015 | 20150000835

    Original file (20150000835.txt) Auto-classification: Denied

    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 X2X-5X-9XXX vice X3X-1X-2XXX. The evidence of record confirms when the applicant enlisted in the USAR DEP and the RA he listed his SSN as X3X-1X-2XXX and this is the SSN he used throughout his active duty service. His DD Form 214 correctly shows his SSN as X3X-1X-2XXX, the SSN he used at the time.

  • ARMY | BCMR | CY2014 | 20140019415

    Original file (20140019415.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in: * item 3 (Social Security Number (SSN)) his SSN as "5XX-6X-9XXX" instead of "9XX-00-2XXX" * item 11d (Effective Date) the separation date of "23 March 1972" instead of "23 March 1973" 2. As a result, upon his discharge, his TIN was recorded in item 3 of his DD Form 214 as "9XX-00-2XXX"; however, his SSN was not recorded on the DD Form 214. Based on the...

  • ARMY | BCMR | CY2013 | 20130012755

    Original file (20130012755.txt) Auto-classification: Approved

    All documents in his service records show his SSN as "5XX-2X-7XXX" including: * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 16 January 1981 * DD Form 1966 (Record of Military Processing Armed Forces of the United States), dated 16 January 1981 * DA Form 2-1 (Personnel Qualification Record - Part II), prepared on 8 July 1981 * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) 5. The applicant's request to correct his...

  • ARMY | BCMR | CY2014 | 20140005159

    Original file (20140005159.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant states his SSN is incorrectly listed on his DD Form 214. His DD Form 47 (Record of Induction) identified him by his Service Number but also listed a hand-written SSN X4X-4X-2XXX as on his DD Form 398.

  • ARMY | BCMR | CY2010 | 20100021245

    Original file (20100021245.txt) Auto-classification: Denied

    The applicant requests item 3 (Social Security Number (SSN)) of his DD Form 214 (Report of Separation from Active Duty) be corrected. 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. All of the applicant's service personnel records show SSN 4xx-6x-6xxx.