IN THE CASE OF:
BOARD DATE: 19 July 2012
DOCKET NUMBER: AR20120001292
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 his Social Security Number (SSN) be changed from ending in 95 to ending in 93.
2. The applicant states he has been trying to obtain health benefits from the Department of Veterans Affairs (VA) and the discrepancy in his SSN needs to be corrected. He has verified with the Social Security Administration that his correct SSN ends in 93, and a Social Security Administration printout, dated 8 March 2012.
3. The applicant provides copies of his DD Form 214, an SSN card ending in 93, and a Social Security Administration printout dated 8 March 2012.
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 served on active duty in the Regular Army (RA) from 20 February 1979 through 15 January 1980.
3. All of the documents in the applicant's official military personnel file (OMPF), including his enlistment documents and security clearance request, show the SSN ending in "95" which is consistent with SSN listed on his DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant served under the SSN listed on his DD Form 214 and there is no evidence he served under the SSN ending in 93. The documents that he provided were issued to him after he was discharged and they are not sufficient to support granting his request.
2. 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.
3. While it is understandable the applicant desires to have his military records reflect his current information there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
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) AR20120001292
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ABCMR Record of Proceedings (cont) AR20120001292
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