BOARD DATE: 28 August 2012
DOCKET NUMBER: AR20120005027
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 social security number (SSN) as "XXX-31-X411" instead of "XXX-13-X334."
2. The applicant states his SSN is in error.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 22 August 1986, his DD Form 214 for the period ending 14 December 1992, and his 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. On 24 August 1982, he enlisted in the Regular Army. Item 2 (Social Security Administration Number (SSAN)) of his DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows his SSN as "XXX-13-X334."
3. On 22 August 1986, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR). Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-13-X334."
4. On 21 January 1987, he again enlisted in the Regular Army. Item 2 of his DD Form 4 shows his SSN as "XXX-13-X334."
5. On 14 December 1992, he was honorably discharged. Item 3 of his DD Form 214 shows his SSN as "XXX-13-X334."
6. Documents in his military personnel records jacket (MPRJ) identify him by SSN "XXX-13-X334." When required, he authenticated various documents by placing his signature where necessary. The requested SSN does not appear on any documents in his MPRJ.
7. He provides his social security card, which shows his SSN as "XXX-31-X411."
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the Regular Army on 24 August 1982 using SSN "XXX-13-X334." He consistently used this SSN throughout his entire period of military service. He authenticated many documents by placing his signature in the appropriate block, further establishing the correctness of this SSN. He did not use the requested SSN during his service.
2. 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. There is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record his requested SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
3. Lacking convincing independent and verifiable evidence to the contrary, it is presumed 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.
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) AR20100012506
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