IN THE CASE OF:
BOARD DATE: 13 December 2011
DOCKET NUMBER: AR20110012684
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) by changing his Social Security Number (SSN).
2. He states he has two SSNs and the one listed on his DD Form 214 is incorrect.
3. He provides:
* His DD Form 214
* A copy of his Social Security Account Number (SSAN) card
* A state identification (ID) 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. His records show he enlisted in the Regular Army on 27 August 1980. His enlistment document shows he used a specific SSN at the time of his enlistment and used the same SSN throughout his military career.
3. On 26 August 1983, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) for the completion of his Reserve service obligation. His DD Form 214 contains the specific SSN used throughout his military career.
4. The applicant provided a copy of his SSAN card and a state ID card. Both documents depict a totally different SSN.
5. Army Regulation 635-5 (Separation Documents) provides guidance on the preparation of the DD Form 214. This regulation has historically stated that item 3 of the DD Form 214 will contain the SSN taken from the Soldier's personnel record.
DISCUSSION AND CONCLUSIONS:
1. His request to change his SSN on his DD Form 214 was carefully considered; however, it is not supported by the evidence of record.
2. Although he provided documentation which shows he has a totally different SSN, his record shows he enlisted using a specific SSN and continued to use this number throughout his military career.
3. 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 show record his correct 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. Therefore, there is insufficient evidence to grant him relief in this case.
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) AR20110012684
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ABCMR Record of Proceedings (cont) AR20110012684
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