BOARD DATE: 10 January 2012
DOCKET NUMBER: AR20110013840
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) to show his social security number (SSN) as "XXX-XX-3413" instead of "XXX-XX-6046."
2. The applicant states he was a victim of identity theft; consequently, he had to change his SSN.
3. The applicant provides:
* a letter from the State of North Carolina Department of Administration, dated 29 March 2011
* Social Security Administration (SSA) Form SSA-2458 (Report of Confidential Social Security Benefit Information)
* DD Form 214
* National Guard Bureau Form 22 (Report of Separation and Record of Service)
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 New York Army National Guard (NYARNG) on 20 November 1979.
3. On 9 January 1980, he entered initial active duty for training (IADT) and was released from IADT on 24 April 1980. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-6046."
4. On 19 November 1986, he was honorably discharged from the NYARNG.
5. All documents in his available record show his SSN as "XXX-XX-6046." When required by the form, he authenticated these documents by placing his signature where necessary.
6. He provides a Form SSA-2458 which shows his SSN was changed by the SSA on 1 December 2010 after his identity was stolen.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 to show his SSN as "XXX-XX-3413" instead of "XXX-XX-6046."
2. The evidence of record shows the applicant enlisted in the NYARNG on 20 November 1979 using SSN "XXX-XX-6046." He consistently used this SSN throughout his entire period of military service. When required by the document, he authenticated it by placing his signature in the appropriate blocks indicating this was his correct SSN. He did not use the requested SSN during his service. His social security number was changed in 2010 after his identity was stolen.
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. There is a reluctance to recommend that those records be changed. While it is understandable that the applicant desires to now record his current SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
4. Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, were correct at the time.
5. Nevertheless, a copy of this decisional document will be filed in his service record in order to provide clarity and to deal with any confusion that may arise regarding the difference in the SSN he currently holds. Filing the Board's decisional document will also guarantee the historical consistency of the applicant's military record regarding the SSN under which he served.
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) AR20100016493
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110013840
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140009374
Application for correction of military records (with supporting documents provided, if any). The applicant requests reconsideration of the Board's previous decision on her request for correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her social security number (SSN) as XXX-XX-7701. ABCMR Record of Proceedings (cont) AR20140009374 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2012 | 20120023037
Application for correction of military records (with supporting documents provided, if any). The applicant requests her social security number (SSN) on all of her military records be changed to the new SSN she was issued on 21 November 2012 by the Social Security Administration. _______ _ 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.
ARMY | BCMR | CY2013 | 20130009213
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his current social security number (SSN). The SSN listed on his DD Form 214 matches the SSN shown on the other documents contained in his military records. There is no evidence of record showing the applicant ever used the SSN listed on the SSA Form 2458 during the period of his military service.
ARMY | BCMR | CY2010 | 20100028161
The applicant requests correction of her DD Forms 214 (Certificate of Release or Discharge from Active Duty) to show her correct social security number (SSN). The evidence of record shows this SSN continued to be recorded in the applicant's official military service records throughout her entire military service. Despite this fact, the evidence of record shows the incorrect SSN was recorded in the applicant's military records.
ARMY | BCMR | CY2010 | 20100016853
His DD Form 4 (Enlistment Record - Armed Forces of the United States) listed his Service Number (SN); it did not list his SSN. The evidence of record shows that during his military service, the applicant used the SSN xxx-xx-1714. This SSN is shown on his DD Form 93, DA Form 20, and Military Pay Voucher.
ARMY | BCMR | CY2010 | 20100020724
The DD Form 256A that was provided by the applicant shows his SSN as 064 - # # - # # # #. The evidence of record clearly shows the applicant served on active duty in the Army of the United States using a military service number. _______ _ _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.
ARMY | BCMR | CY2013 | 20130022354
The applicant requests correction of his records to show his social security number (SSN) as "XXX-XX-2639." The same SSN shown on his DD Form 4 (Enlistment Contract- Armed Forces of the United States), "XXX-XX-5359," is shown on every document in his Official Military Personnel File (OMPF) requiring the use of his SSN. The applicant requests correction of his records to show his correct SSN.
ARMY | BCMR | CY2010 | 20100021275
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. The Form SSA-2458 he provides shows his SSN as xxx-xx-x729. The evidence of record shows the applicant entered active service using the SSN of xxx-xx-x865.
ARMY | BCMR | CY2013 | 20130010490
All the documents containing an SSN in his military personnel records list his SSN as XXX-XX-0836. He provided his Form SSA-2458, dated 1 May 2013, which lists his new SSN and states that his old SSN was retired and will not be used for any record keeping purposes. There is no evidence of record that shows he ever presented his new SSN or used this SSN during his active service.
ARMY | BCMR | CY2011 | 20110005302
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 June 2004 to show her newly issued social security number (SSN). It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The evidence of record shows that at the time of the applicant's enlistment in the KYARNG, periods of active duty, and discharge from the KYARNG she served under the...