IN THE CASE OF:
BOARD DATE: 16 August 2012
DOCKET NUMBER: AR20120003508
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 her military records to show her social security number (SSN) as "XXX-XX-4504" instead of "XXX-XX-8052."
2. She states her SSN was changed by the Social Security Administration on 30 May 2002 due to harassment, endangerment, and abuse. She adds that her current Department of Veterans Affairs (VA) records reflect her new SSN. She contends that she needs to have her SSN changed on her DD Form 214 (Certificate of Release or Discharge from Active Duty) because the old SSN no longer exists in the system and is causing issues with her ability to obtain a VA Certificate of Eligibility for a home loan.
3. She provides:
* her DD Form 214
* two social security cards
* two documents from the Social Security Administration
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 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. 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 7 December 1994, the applicant enlisted in the U.S. Army Reserve Delayed Entry Program (USAR DEP). Her SSN appears as "XXX-XX-8052" on her enlistment contract.
3. The applicant was discharged from the USAR DEP and enlisted in the Regular Army on 23 February 1995. Her SSN appears as "XXX-XX-8052" on her enlistment contract. She was honorably released from active duty on 15 February 1996.
4. A review of every document contained in her available military personnel record, many of which bear her signature, shows her SSN consistently appears as "XXX-XX-8052" throughout her service.
5. Item 3 (SSN) of the DD Form 214 issued to the applicant at the time of her release from active duty shows her SSN as "XXX-XX-8052" and bears her signature.
6. She provides two documents from the Social Security Administration which show her SSN was changed to "XXX-XX-4504" on 30 May 2002 due to harassment, endangerment, and abuse.
7. She provides two social security cards issued by the Social Security Administration, one shows her SSN as "XXX-XX-8052" and the other shows her SSN as "XXX-XX-4504."
8. 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. This regulation establishes standardized policy for the preparation of the DD Form 214. It states the complete name and SSN of the separating service member will be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her military records should be corrected to show her SSN as "XXX-XX-4504" was carefully considered.
2. The evidence of record shows her SSN consistently appeared as
"XXX-XX-8052" on every document in her available service personnel record throughout her period of military service. She authenticated her DD Form 214 and several of these documents by placing her signature in the appropriate blocks.
3. The fact that the Social Security Administration issued her a new SSN more than 6 years following her active duty service is acknowledged; however, it is not the SSN she used while serving on active duty and the issuance of a different SSN now does not change the conditions and circumstances that existed at the time her service records were created.
4. 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 her current SSN in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
5. The applicant is advised that a copy of this decisional document will be filed in her official military personnel file (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in her military record and to satisfy her desire to have her current SSN documented in her OMPF.
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 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) AR20120003508
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120003508
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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