IN THE CASE OF:
BOARD DATE: 12 January 2012
DOCKET NUMBER: AR20110014318
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 social security number (SSN) to read 5XX-XX-XXXX.
2. He makes no statement.
3. He provides a copy of his social security 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. The applicant enlisted in the U.S. Army Reserve (USAR) in the Delayed Enlistment Program on 16 June 1977. On 16 August 1977, he was discharged from the USAR and enlisted in the Regular Army on 17 August 1977.
3. The DD Form 1966 (Record of Military Processing - Armed Forces of the United States) completed during his enlistment processing shows his SSN as 2XX-XX-XXXX. Item 43 (Data Verification) shows his SSN was verified from his social security card.
4. On 1 October 1982, he was honorably released from active duty and transferred to the USAR Control Group (Reinforcement). The DD Form 214 issued at that time shows the SSN 2XX-XX-XXXX.
5. On 26 May 1983, the Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, issued Orders D-05-023897 honorably discharging him from the Ready Reserve effective 15 June 1983. These orders show SSN 2XX-XX-XXXX.
6. A review of his official military personnel file shows he used SSN
2XX-XX-XXXX throughout his Army service.
7. The social security card he provides shows SSN 5XX-XX-XXXX and bears the date of 21 June 2011.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant entered military service using SSN 2XX-XX-XXXX, which was verified by the social security card he presented at the time of enlistment. The record shows he served the entirety of his Army service under this SSN.
2. It appears he was issued a new SSN in 2011, many years after he completed his military service obligation. He has not provided evidence showing the SSN he used during his military service was recorded in error.
3. 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 the applicant desires to record his current 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.
4. The applicant is advised that a copy of this decisional document will be filed in his official military personnel file. This should serve to clarify any questions or confusion in regard to the SSN recorded in his military record and to satisfy his desire to have his current SSN documented in his military record.
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) AR20110014318
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ABCMR Record of Proceedings (cont) AR20110014318
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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