BOARD DATE: 5 April 2012
DOCKET NUMBER: AR20110020532
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 reflect his current social security number (SSN).
2. The applicant states his SSN was changed in 1991 because the SSN he was using was his paternal grandmother's. He states his grandmother had purchased savings bonds using his name and her SSN. He did not realize that no one had requested an SSN for him until his tax return in 1991.
3. The applicant provides a letter from the Social Security Administration and copies of his driver's license, social security card, and DD Form 214.
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's official records were not available for review by the Board. However, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.
3. The applicant had prior Reserve Component service when he enlisted in the Regular Army at Fort Jackson, South Carolina, on 4 January 1988 and was assigned to Fort Bragg, North Carolina, for duty as a nuclear, biological, and chemical specialist. He was discharged under honorable conditions on 23 August 1988 under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 14, for misconduct drug abuse.
4. His DD Form 214 reflects the SSN he enlisted and served under at the time of his separation.
5. The letter from the Social Security Administration provided by the applicant shows his current SSN was issued on 12 May 1989.
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. Changes that occur subsequent to the date the DD Form 214 is issued are not authorized for entry on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the SSN recorded on his DD Form 214 should be changed to reflect the SSN he was issued on 12 May 1989 has been noted and appears to lack merit.
2. The applicant performed all of his service under the SSN reflected on his DD Form 214 and he did not get a new SSN until after he was discharged. Accordingly, there is no basis to change his SSN on his DD Form 214.
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 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 at this late date.
4. The applicant is advised that a copy of this decisional document which confirms his current SSN 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.
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) AR20110020532
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ABCMR Record of Proceedings (cont) AR20110020532
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