IN THE CASE OF:
BOARD DATE: 17 May 2012
DOCKET NUMBER: AR20110023639
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 shown on his social security card.
2. The applicant states:
a. He needs a DD Form 215 (Correction to DD Form 214) to reflect his service in the military.
b. He was issued a new SSN in 1995 because he was issued someone else's SSN with a similar name before.
c. He cannot receive any veterans' benefits because he now has a different SSN.
d. He can't claim any veterans' benefits or have the time he served credited to him by the Social Security Administration if he is not issued a DD Form 215.
3. The applicant provides:
* birth certificate
* social security card
* 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 enlisted in the Regular Army on 7 October 1987 for a period of 3 years. His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows his SSN as "XXX-XX-8810." He completed his training and he was awarded military occupational specialty 77F (petroleum supply specialist). He was honorably discharged on 5 December 1988.
3. His DD Form 214 shows his SSN as "XXX-XX-8810."
4. All documents contained in his official military personnel file (OMPF) bearing an SSN show his SSN as "XXX-XX-8810."
5. He provides his social security card and documentation from the Social Security Administration, dated 18 November 2011, that show his SSN as
"XXX-XX-7870."
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The instructions specify to verify the accuracy with the SSN of record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was issued a new SSN in 1995 and the SSN shown on his 1988 DD Form 214 is incorrect. He provided his social security card and documentation from the Social Security Administration to support this contention. However, the evidence of record shows the SSN of "XXX-XX-8810" was used when he enlisted in the Regular Army in 1987 and when he was discharged in 1988.
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 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.
3. The applicant is advised that a copy of this decisional document which confirms his current SSN will be filed in his 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.
4. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20110023639
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110023639
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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