BOARD DATE: 22 December 2011
DOCKET NUMBER: AR20110012929
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 reflect the social security number (SSN) shown on the social security card he provides.
2. The applicant states all of his military records contain the SSN
"XXX-46-5356"; however, that SSN was given to him by mistake by the Social Security Administration and he was notified of the error in 1985.
3. The applicant provides a copy of his social security card issued in 2008 and copies of his discharge certificates, course completion certificates, and award certificates.
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 Regular Army on 31 July 1981 for a period of 4 years, training as a fire support specialist, and a cash enlistment bonus. At the time of his enlistment, his SSN was recorded as
"XXX-46-5356."
3. He completed one-station unit training at Fort Sill, Oklahoma, and was transferred to Fort Stewart, Georgia, where he remained until he was transferred to Germany on 18 July 1983.
4. He departed Germany on 4 May 1984 and was transferred to Fort Dix, New Jersey, where he was discharged under honorable conditions on 9 May 1984. He completed 2 years, 9 months, and 9 days of active service and his DD Form 214 issued at the time of his discharge shows his SSN as "XXX-46-5356," the same number used throughout his service.
5. The social security card presented with his application shows an SSN of
"XXX-06-3846" and indicates it was issued on 1 August 2008.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant's SSN at the time of his enlistment and discharge was "XXX-46-5356." There is no evidence of record or independent evidence that suggests his military records exhibit a material error or injustice.
2. For historical purposes, the Army has an interest in maintaining the integrity 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 that the applicant desires to now record his current SSAN 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 will be filed in his official military personnel file (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 current SSN documented in his OMPF.
4. Accordingly, there is no basis to grant the applicant's request to change the SSN recorded in his military records.
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) AR20110012929
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ABCMR Record of Proceedings (cont) AR20110012929
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