IN THE CASE OF:
BOARD DATE: 31 July 2012
DOCKET NUMBER: AR20120002084
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. He states:
* he had problems in the past with another person with the same name tied to his SSN that created a big mess
* the Social Security Administration (SSA) issued him a new SSN in September 2004
* he needs his military records to match his current SSN so he can get a Department of Veterans Affairs (VA) loan to purchase his first home
* he would also like to receive other benefits to which he's entitled based on his honorable discharge
3. He provides:
* Letter from the Social Security Administration
* DD Form 214
* Commercial driver's license
* Social security card
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 enlisted in the Regular Army on 13 October 1981. He served in military occupational specialty 12B (combat engineer).
3. The documents in his service record show a completely different SSN than that shown on his social security card.
4. In a letter to the applicant from the SSA in Kalamazoo, MI, dated 18 March 2011, the field office manager informed the applicant that their records indicated the SSN he was using in the military was also being used by another person with the same name. The manager states that when this was discovered their office assigned him a new SSN and since then all work and military wages he earned under the previous SSN had been moved to his current and correct SSN.
5. He provided a copy of his social security card that shows a completely different SSN than that shown on the documents in his service record.
6. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that 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.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant requests correction of his records to show the SSN as shown on his social security card, all the documents in his military service records show he served on active duty using a different SSN.
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 correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document, which confirms his correct 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 records and to satisfy his desire to have his current SSN documented in his OMPF.
4. The applicant should provide a copy of this Record of Proceedings to the VA, which may help him in obtaining the VA assistance he mentions.
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) AR20120002084
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ABCMR Record of Proceedings (cont) AR20120002084
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