IN THE CASE OF:	  

		BOARD DATE:	  21 September 2011

		DOCKET NUMBER:  AR20110005302 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 June 2004 to show her newly issued social security number (SSN).

2.  She states that since leaving the military her identity was stolen.  As a result, the Social Security Administration (SSA) issued her a new SSN.  She would like her DD Form 214 to reflect this new SSN.

3.  She provides:

* her DD Form 214 for the period ending 17 June 2004
* her new Social Security Card
* her birth certificate
* her military identification card
* her Kentucky Driver's License
* her marriage certificate

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 the Kentucky Army National Guard (KYARNG) on
11 September 1998.  Item 2 (SSN) of her DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States) and her National Guard Bureau (NGB) Form 21 (Annex Form 4) shows her SSN as xxx-xx-9048.

3.  She was ordered to active duty for training (ADT) and she entered active service on 19 October 1998.  She was honorably released from active duty (REFRAD) on 30 March 1999 at the completion of her period of ADT.  Item 3 (SSN) of her DD Form 214 shows her SSN as xxx-xx-9048.

4.  She was ordered to active duty in support of Operation Enduring Freedom (OEF) and entered active service on 7 July 2003.  She was honorably REFRAD on 17 June 2004 at the completion of required active service.  Item 3 of her
DD Form 214 shows her SSN as xxx-xx-9048.

5.  She was honorably discharged from the KYARNG on 10 September 2005 and she was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  Item 3 (SSN) of her NGB Form 22 (National Guard Bureau - Report of Separation and Record of Service) and discharge orders show her SSN as
xxx-xx-9048.

6.  The applicant’s official military personnel file (OMPF) located on the interactive Personnel Electronic Records Management System (IPERMS) contains a copy of her social security card that shows her SSN as xxx-xx-9048.

7.  All documents contained in her OMPF located on IPERMS show the same SSN as that shown on her DD Forms 214, NGB Form 22, and KYARNG discharge orders.

8.  She provided a copy of a social security card that shows her SSN as
xxx-xx-3594.

9.  Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provided 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 evidence of record shows that at the time of the applicant's enlistment in the KYARNG, periods of active duty, and discharge from the KYARNG she served under the SSN listed on the social security card filed in her OMPF and on her DD Forms 214, NGB Form 22, and discharge orders.  This SSN is a completely different from that listed on the SSN card she submitted with her application. 

2.  The evidence of record confirms the SSN shown on all documents contained in her OMPF was recognized by the Army and ARNG and she served with that SSN from 1998 through 2005.

3.  While the applicant contends her identity was stolen, 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 her correct SSN in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

4.  The applicant is advised that a copy of this decisional document along with her application and the supporting evidence she provided, which confirms her correct DOB, will be filed in her OMPF.  This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in her military record and to satisfy her desire to have her 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)                                         AR20110005302



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ABCMR Record of Proceedings (cont)                                         AR20110005302



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