IN THE CASE OF:
BOARD DATE: 25 October 2012
DOCKET NUMBER: AR20120007055
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 military service records to show his correct social security number (SSN) as "XX6-6X-XXXX" instead of
"XX0-0X-XXXX."
2. The applicant states he requires this correction in order to have correct records.
3. The applicant provides, in support of his request, his social security card, an identification card, and his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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. The applicant's DD Form 1966 (Record of Military Processing - Armed Forces of the United States), dated 11 March 1981, shows in the Social Security Account Number (SSAN) block the entry "XX0-0X-XXXX." Item 40 (Data Verification By Recruiter) shows the applicant's SSAN was verified by his social security card.
3. The applicant's DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows he enlisted in the U.S. Army Reserve on
13 March 1981 and he subsequently enlisted in the Regular Army on 24 March 1981. It also shows his SSAN as "XX0-0X-XXXX."
4. On 11 March 1982, the applicant's commander notified the applicant of his intent to discharge him under the provisions of the Expeditious Discharge Program. On 12 March 1982, the applicant acknowledged receipt of notification of the proposed separation action. His signature block shows his SSN as
"XX0-0X-XXXX."
5. A DD Form 214 shows the applicant was discharged under honorable conditions on 24 March 1982.
a. He had completed 1 year and 1 day of net active service.
b. Item 3 (SSN) shows "XX0-0X-XXXX."
6. A Department of Veterans Affairs letter, dated 16 November 2007, shows the Resident Agent in Charge, Cleveland Office, requested assistance from the National Personnel Records Center, St. Louis, Missouri, in obtaining records in relation to an ongoing criminal investigation pertaining to the applicant. It also listed the SSNs used by the applicant as "XX0-0X-XXXX, XXX-XX-XXXX, and "XX6-6X-XXXX."
7. In support of his application, the applicant provides the following documents:
a. a copy of his social security card, issued on 11 September 2008, that shows his SSN is "XX6-6X-XXXX"; and
b. a copy of his Ohio Non-Driver Identification Card, issued on 20 December 2011; it does not show a SSN.
DISCUSSION AND CONCLUSIONS:
1. Records show upon entry into the U.S. Armed Forces the applicant reported his SSN as "XX0-0X-XXXX" and that it was verified by the recruiter using the applicant's social security card. The evidence of record also shows this SSN was consistently recorded in the applicant's military service records, including on his DD Form 214.
2. The applicant states his SSN is now "XX6-6X-XXXX."
3. Considering all the evidence and information presented by the applicant together with the evidence of record, applicable law, and regulations, it is concluded that the evidence provided by the applicant relating to his SSN is insufficient to warrant a change to his military service records and separation document.
4. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.
a. The applicant's military service records clearly show he reported his SSN as "XX0-0X-XXXX" and this is documented in his military service records.
b. In view of the foregoing, there is no basis for granting the applicant's request to change the SSN in his military service records or his separation document because his military service records accurately reflect the conditions and circumstances that existed during the period of his military service.
c. Therefore, the applicant is not entitled to correction of his records in this instance.
5. The applicant is advised that a copy of this decisional document will be filed in his military personnel records.
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) AR20120007055
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ABCMR Record of Proceedings (cont) AR20120007055
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