BOARD DATE: 7 August 2012
DOCKET NUMBER: AR20120002741
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, in effect, correction of his Social Security Number (SSN) on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states the Social Security Administration (SSA) made a mistake, so he changed his last name.
3. The applicant provides:
* a printout from the SSA showing his SSN as XXX-XX-XXX0
* a civil court order, dated 7 July 2006, changing his name
* a copy of his birth certificate
* a 16 September 2002 letter from the SSA
* Honorable Discharge Certificate from the Regular Army (RA)
* Honorable Discharge Certificate from the U.S. Army Reserve (USAR)
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 (RA) for 3 years on 1 February 1983. His enlistment contract shows his SSN as "XXX-XX-XXX2." He served as a motor transport operator and was honorably released from active duty (REFRAD) on 31 January 1986.
3. Item 3 (SSN) of his DD Form 214 shows SSN "XXX-XX-XXX2."
4. His service personnel records show SSN "XXX-XX-XXX2."
5. He provides correspondence from the Social Security Administration which show his SSN as "XXX-XX-XXX0."
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. In pertinent part 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. The applicant contends the SSN shown on his DD Form 214 is incorrect and should read "XXX-XX-XXX0." However, the evidence of record shows the SSN of "XXX-XX-XXX2" was used when he enlisted in the RA in 1983 and when he was REFRAD in 1986.
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 actually 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. Therefore, there is an insufficient basis for amending his SSN on his military records.
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 record and to satisfy his desire to have his correct SSN documented in his OMPF.
4. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ 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.
_______ _ _______ ___
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) AR20120002741
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120002741
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130000073
ARMY | BCMR | CY2011 | 20110012905
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his: * social security number (SSN) ends with the number "3" instead of "2" * date of birth (DOB) is 21 July 19XX instead of 17 July 19XX 2. All documents in his record other than his DD Form 214 show his DOB as 21 July 19XX. The orders releasing the applicant from active duty, a DA Form 20, and his DD Form 214 show an SSN ending with the number "2."
ARMY | BCMR | CY2014 | 20140017695
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as "XXX-XX-XXX0" instead of "XXX-XX-XXX8." Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-XXX8."
ARMY | BCMR | CY2012 | 20120019024
The applicant states the SSN recorded on his DD Form 214 should be "xxx-xx-xxx4" instead of "xxx-xx-xxx0." The evidence of record shows that the U.S. Army was not using the SSN at the time the applicant initially entered active duty. Therefore, it would be appropriate to correct the applicant's 4 April 1969 DD Form 214 to show his SSN as "xxx-xx-xxx4."
ARMY | BCMR | CY2012 | 20120006570
The evidence of record shows the applicant was inducted and served his entire period of active service using the middle name of "Dene." __________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) AR20120006570 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2015 | 20150002071
Application for correction of military records (with supporting documents provided, if any). The applicant provides his DD Form 214 and his Honorable Discharge Certificate. In connection with his enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History) wherein he disclosed his SSN as "xxx-xx-xxx2."
ARMY | BCMR | CY2011 | 20120000780
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as xxx-xx-xxx2" in instead of xxx-xx-xxx1. 2. Item 3 (SSN) of his DD Form 214 shows his SSN as xxx-xx-xxx1. 5. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the SSN listed in item 3 of his DD Form 214 and adding the SSN as it is listed on his...
ARMY | BCMR | CY2010 | 20100028474
He provides: * an SSA SSN printout * his VA file number * a DA Form 31 (Request and Authority for Leave) * a DD Form 215 (Correction to DD Form 214) * his Certificate of Retirement * a letter from the VA informing him of the discrepancy in his SSN * four DD Forms 214 CONSIDERATION OF EVIDENCE: 1. The evidence of record shows the applicant used SSN 2xx-xx-xxx2 throughout his active military service. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete...
ARMY | BCMR | CY2011 | 20110000281
Application for correction of military records (with supporting documents provided, if any). 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. The evidence of record clearly shows the FSM was inducted into the Army of the United States under the SSN of 2x1-xx-xxx2.
ARMY | BCMR | CY2012 | 20120012310
Application for correction of military records (with supporting documents provided, if any). Therefore, it would be appropriate at this time to correct his DD Form 214 accordingly. _______ _ __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.