BOARD DATE: 20 December 2011
DOCKET NUMBER: AR20110011907
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 records to show his social security number (SSN) as XX7-7X-XX31.
2. The applicant states that when he enlisted he mistakenly entered his son's SSN. The recruiter should have noticed the error.
3. The applicant provides photocopies of a social security card showing an SSN of XX7-7X-XX31, a statement of earnings for that SSN, a birth certificate, and a Texas driver's license.
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 in the U.S. Army Reserve and the Regular Army using SSN XX5-8X-XXX6 and entered active duty on 7 February 1989. Neither a spouse nor dependents are listed on his application for enlistment.
3. That SSN was used exclusively throughout the period of active duty service and as late as 2002 in a request for records.
4. The applicant was processed for elimination with a general discharge for alcohol rehabilitation failure on 2 October 1991.
5. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. Paragraph 2-9 states the ABCMR begins each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. For historical purposes, the Army has an interest in maintaining the continuity of its records. The data and information contained in those records should actually 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.
2. Although the applicant's SSN may be different than the one he provided when he enlisted, served, and was discharged from the Army, the applicant has not provided any evidence to show this constitutes an error or injustice that requires changing the record. He provided no evidence to show this was actually his son's SSN, and neither the son nor a spouse is listed on his enlistment documents. More importantly, he served and separated with the SSN shown on his DD Form 214.
3. Absent convincing evidence to the contrary, administrative regularity is presumed.
4. In view of the foregoing there is no basis for granting the applicant's request.
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 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) AR20110011907
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ABCMR Record of Proceedings (cont) AR20110011907
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