IN THE CASE OF:
BOARD DATE: 15 November 2012
DOCKET NUMBER: AR20120007857
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 his social security number (SSN) in his military records be changed.
2. The applicant states his identity was stolen on 18 January 2004 and his SSN was compromised. The Social Security Administration (SSA) issued him another SSN. He requests this information be changed to support his claims with the Department of Veterans Affairs (VA).
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* an incident report, dated 18 January 2004
* a printout from the SSA
* 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 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. He enlisted in the U.S. Army Reserve Delayed Entry/Enlistment Program (DEP) on 27 September 1988. He enlisted in the Regular Army on 18 November 1988. The SSN shown on his DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) is the same SSN currently shown on his
DD Form 214.
3. On 25 November 1991, he was released from active duty. The SSN shown on his DD Form 214 is the same SSN shown throughout his military service records.
4. His name is recorded on his DD Form 4, DD Form 214, and throughout his military service record with no middle name or initial.
5. He provided a printout, dated 9 February 2004, from the SSA.
* the name shown includes the middle name Lee
* the printout only verifies his current SSN, it does not say it is a reissuance of his SSN or what his previous SSN was
* the SSN shown does not match the SSN shown in his military service records
6. He provides his social security card.
* the name shown includes the middle name Lee
* the SSN shown matches the SSN shown on the SSA printout
* the SSN shown does not match the SSN shown in his military service records
7. He provided an incident report, filed on 18 January 2004, that states his brother opened six accounts using his name, birth date, and SSN without his authorization or consent. The report indicated his brother had been prosecuted in the past for using his identity and received probation. The report indicated he wished to prosecute his brother.
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 at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. His military records show he enlisted and consistently used the SSN that is currently shown on his DD Form 214.
2. The printout from the SSA and the social security card show the SSN he is now assigned. The SSA printout does not indicate he was reissued an SSN or what his previous SSN was.
3. It is also noted the names on the printout and social security card include the middle name Lee. The name listed in the military records did not list a middle name or initial.
4. Therefore, there is insufficient evidence to change the SSN under which he served his military service.
5. 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.
6. The applicant is advised that a copy of this Record of Proceedings will be filed in his Army Military Human Resource Record. 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 requested SSN documented in his official military 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) AR20120007857
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ABCMR Record of Proceedings (cont) AR20120007857
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