BOARD DATE: 6 September 2012
DOCKET NUMBER: AR20120004052
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 "XXX-XX-8439" instead of "XXX-XX-2102."
2. He states he did not have an SSN when he enlisted in the Army National Guard (ARNG). When his recruiter asked for his SSN, he told him it was
"XXX-XX-2102." His recruiter never verified his SSN.
3. He provides:
* DD Form 214
* 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 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. His complete military records are not available to the Board; however, his DD Form 214 is sufficient evidence for the Board to conduct a fair and impartial review of this case.
3. The applicant entered active duty for training (ADT) on 8 August 1984 after enlisting in the ARNG.
4. On 12 September 1984, he was released from ADT for failure to meet procurement medical fitness standards. He was transferred to the Massachusetts ARNG for further disposition. His DD Form 214 lists his SSN as "XXX-XX-2102."
5. He provided a copy of his social security card which depicts his SSN as
"XXX-XX-8439."
6. Army Regulation 635-5 (Separation Documents) provides guidance for preparation of the DD Form 214. This regulation has historically stated that the DD Form 214 will contain the SSN taken from the Soldier's personnel record.
DISCUSSION AND CONCLUSIONS:
1. His request to change his DD Form 214 to show his SSN as "XXX-XX-8439" was carefully considered; however, it is not supported by the evidence of record.
2. By his own admission, he stated he did not have an SSN at the time of his enlistment and gave his recruiter the SSN "XXX-XX-2102" when asked. This is the SSN entered on his DD Form 214. He now provides a copy of his social security card which shows his SSN as "XXX-XX-8439."
3. 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 current SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
4. Therefore, there is insufficient evidence to grant him relief in this case.
5. He is advised that a copy of this decisional document which acknowledges his current SSN will be filed in his Army Military Human Resource Record (AMHRR). 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 current SSN documented in his AMHRR.
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) AR20120004052
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ABCMR Record of Proceedings (cont) AR20120004052
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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