IN THE CASE OF:
BOARD DATE: 24 April 2012
DOCKET NUMBER: AR20110021844
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 her DD Form 214 (Report of Separation from Active Duty) to show her correct social security number (SSN).
2. The applicant states she needs her DD Form 214 to show her correct SSN in order to receive any Department of Veterans Affairs (VA) benefits to which she may be entitled.
3. The applicant provides copies of her 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 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's military record contains a DD Form 398 (Statement of Personal History) that she completed during her enlistment processing. Item 13 (Employment) contains a block for her SSN which she completed by entering the SSN she is claiming is incorrect.
3. The applicants military record also includes the DD Form 4 (Enlistment Contract-Armed Forces of the United States) completed during her enlistment processing on 31 January 1975. Item 49 (Prior Service) includes an entry which lists the SSN she now claims is incorrect and she authenticated this document with her signature.
4. On 31 January 1975, she enlisted in the Regular Army (RA). She was trained in and awarded military occupational specialty 76D (Material Supplyman).
5. The DA Form 2-1 (Personnel Qualification Record) prepared upon her entry on active duty records the SSN she claims is incorrect.
6. On 13 January 1977, the applicant was honorably discharged from active duty service after completing 1 year, 11 months, and 13 days of total active service. Item 3 (Social Security Number) shows the SSN she claims is incorrect.
7. All documents on file in the applicant's Official Military Personnel File (OMPF) containing her SSN, list the SSN that she claims is incorrect and when required, she authenticated each of the documents with her signature. There are no documents in her record showing the SSN she now claims is correct.
8. The applicant provides a copy of her social security card which list the number that she claims is correct.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record includes a DD Form 398 which shows the SSN she disclosed upon her enlistment is the same SSN that she now claims is incorrect. Her record clearly lists this SSN on all applicable documents throughout her military service, and when required, she authenticated these documents with her signature.
2. 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 that the applicant desires his military records to now record the SSN that he claims is correct and as indicated on the evidence he provides, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. Lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the
DD Form 214, were correct at the time and there is insufficient evidence to grant her relief in this case.
4. The applicant is advised that a copy of this decisional document will be filed in her service record. This should serve to clarify any questions or confusion in regard to the different SSNs and to satisfy her desire to have her requested SSN documented in her 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) AR20100018678
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110021844
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