IN THE CASE OF:
BOARD DATE: 29 November 2012
DOCKET NUMBER: AR20120010320
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) to show his social security number (SSN) as it is listed on his social security card.
2. The applicant states he made an honest mistake in thinking his SSN was successive to his father's SSN. He further states he has been trying to get his SSN corrected on his DD Form 214 since March 2006, in order to obtain education benefits.
3. The applicant provides:
* DD Form 214
* VA Form 4138 (Statement in Support of Claim)
* Social Security Card
* Driver License
* Voter Registration 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. The applicant enlisted in the Regular Army on 13 February 1981.
3. A review of every document contained in the applicant's military personnel record shows the applicant served under a completely different SSN throughout his tenure of service than the one he now claims.
4. The applicant provided a copy of a social security card which lists a totally different SSN than the one listed throughout the available record.
5. 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. This regulation establishes standardized policy for the preparation of the DD Form 214. The regulation in effect at the time of the applicant's separation stated the complete name and SSN of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant requests to correct his DD Form 214 to show his SSN as it is listed on his social security card, all of the documents in his military service records show he served in the Army using a different SSN.
2. The available evidence does not show he used the SSN listed on his social security card during the time that he served on active duty.
3. 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 his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
4. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resources Record (AMHRR). This should serve to clarify any questions or confusion in regard to the SSN recorded in his military records and to satisfy his desire to have his requested SSN documented in his AMHRR.
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) AR20120010320
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120010320
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130013259
A review of every document contained in the applicant's military personnel record shows he served under the name of "L____ A___ M_______," and with an SSN that is completely different from the SSN he requests to be documented in his record. Although the applicant requests to correct his DD Form 214 to show his name and SSN as it is listed on his Social Security Card, all of the documents in his military service record show he served in the Army using the name and SSN listed on his DD Form...
ARMY | BCMR | CY2013 | 20130005646
Application for correction of military records (with supporting documents provided, if any). The applicant's military record contains a DD Form 398 (Statement of Personal History) which was completed during his enlistment processing. The majority of the documents contained in the applicants Army Military Human Resource Record (AMHRR) (previously known as the official military personnel file) lists SSN "XXX-XX-XXX0" which he now claims is incorrect.
ARMY | BCMR | CY2013 | 20130002961
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his records to show his Social Security Number (SSN) ends in 78 not 58. A review of his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File, shows that all documents containing an SSN, with the exception of a post-service request for a DD Form 214, end with the digits as "58."
ARMY | BCMR | CY2013 | 20130002564
Application for correction of military records (with supporting documents provided, if any). A review of his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File, shows that all documents, including his DD Form 398 (Statement of Personal History), containing an SSN show the middle digits as 49. This is the SSN he served under; therefore, there is no basis for granting the applicant's requested relief.
ARMY | BCMR | CY2013 | 20130004182
Application for correction of military records (with supporting documents provided, if any). 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 the requested SSN documented in his AMHRR. ABCMR Record of Proceedings (cont) AR20130004182 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130004182 2 ARMY BOARD FOR CORRECTION...
ARMY | BCMR | CY2012 | 20120019570
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. A review of the documents contained in the applicant's military personnel record shows the applicant served under SSN "x89-xx-xxxx" throughout his tenure of service. Although the applicant requests to correct his DD Form 214 to show his SSN...
ARMY | BCMR | CY2012 | 20120008526
Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110013163, on 3 January 2012. A review of every document contained in the applicant's military personnel record shows his SSN consistently appears as "xxx-xx-xxx1" throughout his tenure of service. Although the applicant requests reconsideration of his previous request to correct...
ARMY | BCMR | CY2012 | 20120011822
The applicant states, in effect, the SSN listed in his records is in error. He completed 2 years and 2 months of creditable active military service. The SSN that is listed on the applicant's social security card is not found on any records in his Army Military Human Resource Record (AMHRR), formerly known as the official military personnel file.
ARMY | BCMR | CY2013 | 20130003604
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. Although the applicant requests correction of his records to show the SSN as shown on his social security card, all the documents in his military service records show he served on active duty using a different SSN. The applicant is advised...
ARMY | BCMR | CY2013 | 20130003658
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show the social security number (SSN) as "xx1-x8-xxx9." The same SSN shown on his DD Form 4 (Enlistment or Reenlistment Agreement Armed Forces of the Unites States), "xx2-x2-xxx2" is shown on every document in his Army Military Human Resource Record (AMHRR) (formerly known as the Official Military...