IN THE CASE OF:
BOARD DATE: 23 May 2012
DOCKET NUMBER: AR20110022755
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 that her records be corrected to show a social security number (SSN) with the last four digits as "7052."
2. The applicant states the SSN with the last four digits as "4621" is wrong and her Social Security Administration (SSA) income records do not show her military pay.
3. The applicant provides copies of a social security card and an identification tag (dog tag) with the last four digits as "7052." She also provides a marriage license, dated in 1999.
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 SSA maintains jurisdiction over social security records, they are not within the purview of this Board; therefore, this issue will not be discussed further in these proceedings.
3. The applicant enlisted in the Regular Army (RA) on 30 September 1986, completed training, and was awarded military occupational specialty 95B (Military Police).
4. All of her enlistment documents, award citations, orders, and DD Form 214 (Certificate of Release or Discharge from Active Duty) show an SSN with the last four digits as "4621."
5. The applicant was released from active duty on 24 January 1989 and transferred to the U.S. Army Reserve (USAR).
6. All available records related to her USAR service also show an SSN with the last four digits as "4621." Her official records make no reference to an SSN with the last four digits as "7052." The social security card and the dog tag that she provided are the only two documents available that list an SSN with the last four digits as "7052."
7. Army Regulation 15185 (Army Board for Correction of Military Records (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. Paragraph 2-9 states that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant served completed her RA and USAR service under an SSN with the last four digits listed as "4621."
2. The applicant has not provided any evidence and the available records do not contain any evidence or an explanation as to why she completed her service in the above military components under an SSN with the last four digits as "4621" and now she is requesting that her military records be corrected to show a totally different number.
3. The identification tag that she provided is the only item that contains the requested SSN and it is not an official document; therefore, it is not sufficient to correct her military record.
4. The Army has an obligation, for historical purposes, to maintain records as they were constituted at the time of creation. The fact that the applicant wants to change her SSN some 23 years after her military service ended is insufficient to justify changing her military records.
5. However, a copy of this decisional document will be filed in her Official Military Personnel File.
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) AR20110022755
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ABCMR Record of Proceedings (cont) AR20110022755
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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