IN THE CASE OF:
BOARD DATE: 20 November 2012
DOCKET NUMBER: AR20120009306
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 July 1994 to show her correct Social Security Number (SSN).
2. The applicant states:
* During her military career she served using the wrong SSN
* The recruiter used her driver license number instead of her SSN
* Her correct SSN is "4xx-9x-7xxx"
3. The applicant provides:
* DD Form 214 for the period ending 30 July 1994
* Social Security Card
* Marriage certificate
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. The applicant enlisted in the U.S. Army Reserve (USAR) on 12 June 1985 for a period of 8 years. Her USAR enlistment contract shows her SSN as
"4xx-8x-4xxx." On 8 August 1986, she was ordered to active duty for training and she was released from active duty on 1 November 1986. Her DD Form 214 for the period ending 1 November 1986 shows her SSN as "4xx-8x-4xxx."
3. She enlisted in the Regular Army (RA) on 9 January 1987 for a period of
3 years. Her RA enlistment document shows her SSN as "4xx-8x-4xxx." On
30 July 1994, she was honorably discharged.
4. Item 3 (SSN) of her DD Form 214 for the period ending 30 July 1994 shows her SSN as "4xx-8x-4xxx."
5. Her service personnel records show her SSN as "4xx-8x-4xxx."
6. She provides a copy of her Social Security Card that shows her SSN as
"4xx-9x-7xxx."
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. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the SSN shown on her DD Form 214 for the period ending 30 July 1994 is incorrect. However, the evidence of record shows the SSN of "4xx-8x-4xxx" was used exclusively when she enlisted in the USAR, when she was ordered to active duty for training in 1986, when she enlisted in the RA, and when she was discharged from active duty in 1994.
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 the requested SSN in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in her Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in her military record and to satisfy her desire to have her requested SSN documented in her AMHRR.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20120009306
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ABCMR Record of Proceedings (cont) AR20120009306
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