BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110005603
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
XX6-XX-4758.
2. The applicant states the SSN on his DD Form 214 belongs to his brother. He is having problems applying for veterans benefits.
3. The applicant provides copies of his DD Form 214, social security card, and temporary Massachusetts Identification Card.
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. A review of his Official Military Personnel File (OMPF) reveals he enlisted, served, and was discharged using SSN XX7-XX-3265, the number he states is incorrect.
3. The applicant has provided a copy of a social security card showing an SSN that he did not use while serving in an active duty status. He also provided a copy of his temporary Massachusetts Identification Card that does not show an SSN.
DISCUSSION AND CONCLUSIONS:
1. The available evidence clearly shows the applicant used SSN XX7-XX-3265 throughout his period of military service.
2. 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.
3. The applicant is advised a copy of this decisional document will be filed in his OMPF. This should serve to clarify any questions or confusion that may arise regarding the two different SSN's and satisfy his desire to have his current SSN documented in his record.
4. In view of the above, the applicants request should be denied.
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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ABCMR Record of Proceedings (cont) AR20110005603
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