IN THE CASE OF:
BOARD DATE: 20 November 2012
DOCKET NUMBER: AR20120008532
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) for the period ending 31 May 2002 to show his social security number (SSN) as "yyy-yy-2082" (a completely different number) instead of "xxx-xx-8584."
2. The applicant states he was unaware that he was using his twin sister's SSN. In 1988, he was issued the SSN "xxx-xx-8584." However, this SSN was originally assigned to his sister. It was not until 2002 when the Social Security Administration issued him his own SSN. He would like the SSN that was issued in 2002 to be listed on his military records so that there is no conflict with the Department of Veterans Affairs (VA).
3. The applicant provides:
* DD Form 214
* Letter from the VA
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 applicants records show he enlisted in the Regular Army on 1 June 1998. His DD Form 4 (Enlistment/Reenlistment Document), and allied documents shown below, listed his SSN as "xxx-xx-8584" (the contested SSN):
* DA Form 3286-59 (Statement of Enlistment)
* DA Form 3286-67 (Statement of Understanding)
* Standard Form 93 (Report of Medical History)
* Standard Form 88 (Report of Medical Examination)
* DD Form 1966 series (Record of Military Processing)
* Standard Form 86 (Questionnaire for National Security Positions)
3. His DA Form 2-1 (Personnel Qualification Record) which was created upon his entry on active duty listed his SSN as "xxx-xx-8584."
4. Other documents in his service record include a Servicemembers' Group Life Insurance Election and Certificate that also shows his SSN as "xxx-xx-8584." He authenticated this document with his signature.
5. He was honorably released from active duty on 31 May 2002. The DD Form 214 he was issued shows his SSN in item 3 (SSN) as "xxx-xx-8584."
6. He submitted correspondence from the VA related to delinquency of a debt.
7. 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. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows upon his enlistment in the Regular Army and entry on active duty the applicant listed his SSN as "xxx-xx-8584." This SSN is consistent with the SSN shown on various records throughout his military service. He authenticated some documents by placing his signature in the appropriate blocks. He did not use the SSN that he now claims is correct during his period of military service.
2. For historical purposes, the Army has an interest in maintaining the integrity 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 a new SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records.
3. Absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, are correct. Therefore, 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) AR20120008532
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ABCMR Record of Proceedings (cont) AR20120008532
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