IN THE CASE OF:
BOARD DATE: 20 September 2011
DOCKET NUMBER: AR20110004028
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 social security number (SSN) on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. He states the SSN in his military personnel records does not match the SSN he uses now.
3. He provides a Form SSA-2458 (Report of Confidential Social Security Benefit Information) 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 18 September 1979.
3. The documents in his military personnel records consistently show a different SSN than the SSN that is shown on the Form SSA-2458 and the letter from the Social Security Administration.
4. He was discharged on 30 July 1982. Item 3 (SSN) on his DD Form 214 shows a completely different SSN than the SSN shown on the documents he provided with his application. The SSN on his DD Form 214 is the same SSN that was consistently used throughout his military personnel records.
5. He provided a Form SSA-2458, dated 24 January 2011, and a letter from the Social Security Administration which shows a different SSN than the SSN recorded throughout his military records. Block 10 (Other) on the Form
SSA-2458 indicates the SSN recorded throughout the applicant's military personnel records was never assigned to him.
6. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. 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 contention that the SSN that he now uses does not match the SSN that is recorded throughout his military record is acknowledged. However, the documents in his military personnel records show he enlisted, served, and was discharged using the SSN that is listed on his DD Form 214.
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 the applicant desires to have the SSN that 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 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 will satisfy his desire to have the SSN that he now uses 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) AR20110004028
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ABCMR Record of Proceedings (cont) AR20110004028
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