IN THE CASE OF:
BOARD DATE: 30 August 2012
DOCKET NUMBER: AR20120003228
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as "XXX-X9-XXXX" instead of "XXX-X4-XXXX."
2. The applicant states:
a. he believes a clerical error resulted in the listing of the incorrect SSN; and
b. the Social Security Administration notified him that someone else with the same name as his living in a different state was using the number that he was using. The Social Security Administration also issued him a social security card that lists his correct SSN.
3. The applicant provides copies of:
* his social security card
* DD Form 256A (Honorable Discharge Certificate)
* 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 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's military record contains a DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) that was completed during his enlistment processing. Item 2 (SSN) contains SSN
XXX-X4-XXXX.
3. On 22 March 1978, he enlisted in the Regular Army (RA). He was trained in and awarded military occupational specialty 46N (Pershing Electrical Mechanical Repairer).
4. The DA Form 2-1 (Personnel Qualification Record) prepared upon his entry on active duty lists the SSN he claims is incorrect.
5. On 21 July 1985, the applicant was honorably discharged from the RA after completing 7 years and 4 months of total active service. Item 3 (SSN) shows the number he claims is incorrect.
6. All documents in the applicant's Official Military Personnel File (OMPF) containing an SSN list the SSN he claims is incorrect. He also authenticated the documents with his signature when required. There are no documents in his record showing the SSN he now claims is correct.
7. The applicant provides a copy of his social security card which lists the number that he now claims is correct.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record includes a DD Form 4 which shows the SSN he disclosed upon enlistment is the same SSN that he now claims is incorrect. His record clearly lists this SSN on all applicable documents throughout his military service, and when required, he authenticated these documents with his signature.
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. While it is understandable that the applicant desires his military records to now record the SSN that he claims is correct and as indicated on the evidence he provides, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. Absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, were correct at the time and there is insufficient evidence to grant him relief in this case.
4. The applicant is advised that a copy of this decisional document will be filed in his service record. This should serve to clarify any questions or confusion in regard to the different SSNs and to satisfy his desire to have his current SSN documented in his record.
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) AR20120003228
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ABCMR Record of Proceedings (cont) AR20120003228
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