IN THE CASE OF:
BOARD DATE: 13 October 2011
DOCKET NUMBER: AR20110009585
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 military records to show his correct social security number (SSN).
2. The applicant states he was notified by the Veterans Administration that his SSN was wrong. When he enlisted in the U.S. Army his SSN was verified by a pay stub that was wrong. After further investigation and coordination with the Social Security Administration, his correct SSN is 455-XX-XXXX instead of
453-XX-XXXX. He concludes that all of his official military records are showing the wrong SSN.
3. The applicant provides copies of his birth certificate, social security card, and U.S. Army Retired 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. The applicant enlisted in the Regular Army on 13 February 1986 and was retired due to completing sufficient service for retirement on 30 November 2006.
3. A review of his Official Military Personnel File (OMPF) confirms his contention that all of his military records show the SSN he now claims is incorrect. His OMPF also contains a copy of his social security card that shows the SSN he now claims is correct.
4. He provides copies of his social security card and U.S. Army Retired identification card that show the SSN he claims is correct.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his military records should be corrected to show a different SSN has been carefully considered.
2. The evidence of record shows he served under the SSN " 453-XX-XXXX" throughout his entire military career. 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 his desire to now record his correct SSN in his military records is understandable, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
3. The applicant is advised that a copy of this Record of Proceedings will be filed in his 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 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.
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