IN THE CASE OF:
BOARD DATE: 18 October 2011
DOCKET NUMBER: AR20110012653
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 (Report of Transfer or Discharge) to show his social security number (SSN) as xxx-xx-1201 instead of xxx-xx-4869.
2. The applicant states the SSN on his DD Form 214 is incorrect.
3. The applicant provides:
* Illegible copy of his social security card
* Department of Veterans Affairs (DVA) Memorandum, dated 20 April 2011
* DVA, Office of Inspector General (IG), Criminal Division Letter, dated
10 February 2011
* DVA, IG, Criminal Division Letter, dated 13 April 2011
* DVA, IG, Criminal Division Letter, dated 19 April 2011
* Armed Forces Finger Print Card
* DD Form 214, effective 7 March 1970
* DD Form 214 belonging to L. T---S, effective 7 March 1970
* DD Form 214 belonging to L. T---S, effective 31 August 1990
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 documents contained in his military personnel record shows his SSN consistently appears as "xxx-xx-4869" throughout his tenure of service.
3. Item 3 (SSN) of his DD Form 214 for the period ending 7 March 1970 shows his SSN as "xxx-xx-4869."
4. His record contains a copy of his social security card, issued by the U.S. Social Security Administration, showing his SSN as "xxx-xx-1201."
5. He provides correspondence from the DVA which summarily states that an investigation was conducted to determine whether the applicant abused the identity of a U.S Army Veteran L. T---S in order to obtain benefits for the VA Medical System. The investigation showed the applicant was an honorably discharged veteran; therefore, eligible to access the VA. Further, the investigation made note that the veteran L. T---S and the applicant have the same SSN listed on their DD Form 214, the same induction date at the Houston Induction Center, and same year of birth.
6. Upon review the ABCMR analyst determined the two veterans have the same discharge date; however, the induction dates are recorded as 18 March 1968 for the applicant and 19 March 1968 for L. T---S.
7. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation established standardized policy for the preparation of the DD Form 214. It stated, in pertinent part, that the complete name and social security number of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his military records to show his SSN as shown in his Social Security card, xxx-xx-1201; however, all documents in his military personnel file containing an SSN show he served in the Army using the same SSN as shown on his DD Form 214.
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. While it is understandable the applicant desires to now record his correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this decisional document which confirms his current SSN will be filed in his military personnel file. 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.
ABCMR Record of Proceedings (cont) AR20110012653
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110012653
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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