IN THE CASE OF:
BOARD DATE: 6 September 2012
DOCKET NUMBER: AR20120003076
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 records to show his correct social security number (SSN).
2. The applicant states the SSN shown in his records is incorrect.
3. The applicant provides a letter from the Army Board for Correction of Military Records (ABCMR), Chief, Case Management Division, dated 21 November 2011, and a letter from the Social Security Administration (SSA), dated 29 July 1985.
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 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. On 16 March 1979, the applicant enlisted in the U.S. Army Reserve using the SSN shown on his DD Form 4/1 (Enlistment/Reenlistment Document). He enlisted in the Regular Army on 18 July 1979.
3. The same SSN that is shown on his DD Form 4/1 is shown on every document contained in his Army Military Human Resource Record (AMHRR) requiring the use of his SSN.
4. The applicant was honorably released from active duty on 17 July 1982. Item 3 (Social Security No.) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the same SSN as shown on his DD Form 4/1.
5. The applicant submits a letter from the SSA, dated 29 July 1985, stating that he was assigned an SSN totally different from the one shown in his AMHRR.
6. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides 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 applicants contentions have been noted. His supporting evidence has been considered.
2. The applicant enlisted in the USAR using a totally different SSN than the one he now requests and the same number is shown one every document contained in his AMHRR that requires the use of his SSN.
3. The Army has an interest in maintaining the accuracy of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created.
4. At the time the records were created, the applicant was using the SSN shown in his AMHRR. There is no evidence showing exactly when he was assigned the SSN that he now contends is correct.
5. In view of the foregoing, his request should be denied.
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.
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