IN THE CASE OF:
BOARD DATE: 22 November 2011
DOCKET NUMBER: AR20110011861
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 his records be corrected to show his 297-XX-XXXX SSN not his 274-XX-XXXX SSN.
2. The applicant states, in effect, that he has two SSNs and his records should be corrected to show the more current one.
3. The applicant provides a Social Security Administration (SSA) letter.
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 served on active duty in the Regular Army from 8 November 1979 through 30 July 1981.
3. All documents in his official military record show the 274 SSN.
4. The SSA letter states the applicant was initially issued the 274 SSN and when he was adopted, at age 18, he was issued a second SSN starting 297. They state the two numbers are cross referenced.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted and served under the 274 SSN. The fact that he was also issued a second SSN does not change this fact or show an error or injustice.
2. 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.
3. While it is understandable the applicant desires to now record the current SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. A copy of this Record of Proceedings will be filed in the applicant's Official Military Personnel Record so a record of the two SSNs will be available.
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) AR20110011861
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ABCMR Record of Proceedings (cont) AR20110011861
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