IN THE CASE OF:	  

		BOARD DATE:  28 June 2012

		DOCKET NUMBER:  AR20120011332 


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 12 December 2000 to show his social security number as "xxx-xx-0905" instead of "xxx-xx-4182."

2.  The applicant states

* He did not know the last four digits of his SSN were wrong
* He served on active duty from December 1986 through December 2000
* He also served in the U.S. Army Reserve (USAR) through 2010
* In 2010, the Social Security Administration (SSA) notified him that his taxes were being applied against the wrong SSN
* The Internal Revenue Service (IRS) notified him that his taxes were being allocated to another person's SSN
* He contacted the SSA and obtained a new SSN
* Without a corrected SSN, he would not receive benefits or certification

3.  The applicant provides:

* DD Form 214
* USAR reassignment orders and amendments
* USAR orders to annual training
* Officer Record Brief (ORB)
* 
Honorable Discharge Certificate
* Reissued Social Security card
* Statement from the SSA
* U.S. Passport
* Statement of verification for "By Light Professional IT (Information Technology) Services"
* Officer Evaluation Report
* 1996 IRS Form 1040EZ
* 1995 W-2 Form
* Two Leave and Earnings Statements (September 2004)
* Multiple Travel Vouchers
* Security Clearance Application
* Photograph of Soldiers
* Newspaper Articles

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 USAR as a cadet in the Reserve Officers' Training Corps (ROTC) Program on 27 February 1984.  Item 2 (SSN) of his
DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) listed his SSN as "xxx-xx-4182."  He authenticated this form with his signature.

3.  He submitted a DA Form 61 (Application for Appointment), dated
9 September 1985 and listed his SSN as "xxx-xx-4182."  He also authenticated this form with his signature.

4.  On 4 May 1986, he was appointed as a Reserve commissioned officer of the Army in the rank of second lieutenant.  His appointment memorandum listed his SSN as "xxx-xx-4182."

5.  He was tendered an appointment in the Regular Army.  As such, on
15 December 1986, he executed a DA Form 71 (Oath of Office – Military Personnel).  His DA Form 71 listed his SSN as "xxx-xx-4182."

6.  He entered active duty on 31 December 1986.  His ORB that was created upon his entry on active duty also listed his SSN as "xxx-xx-4182."

7.  He served in a variety of stateside or overseas assignments and he attained the rank of major.  Throughout his service his official record contains various documents, including the below documents, that list his SSN as "xxx-xx-4182."  He authenticated some of these documents when required by placing his signature in the appropriate block:

* Multiple Officer Evaluation Reports
* Multiple Service School Academic Evaluation Reports
* Application for Identification Card
* Servicemen's Group Life Insurance Election
* Award and Promotion Orders
* Report of Medical Examination
* Leave and Earnings Statements

8.  On 12 December 2000, he was honorably discharged from active duty.  Item 3 (SSN) of his DD Form 214 shows his SSN as "xxx-xx-4182."  He authenticated this form with his signature.

9.  He submitted various personnel and finance documents similar to those shown above that show his SSN as "xxx-xx-4182."  However, he also submitted:

* A Social Security card listing a name similar to his with an SSN of
"xxx-xx-0905"
* A statement from the SSA, dated 23 September 2002, confirming the SSN of "xxx-xx-0905" (the requested SSN) is assigned to an individual who has a name similar to that of the applicant

10.  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 that upon his enlistment in the USAR and appointment as an officer, the applicant listed his SSN as "xxx-xx-4182."  He consistently used this SSN throughout his entire period of military service.  He authenticated several documents by placing his signature in the appropriate blocks indicating this was his correct SSN.  He never used the requested SSN.

2.  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.  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 his correct 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.

3.  The applicant is advised that a copy of this decisional document, which confirms his correct SSN, will be filed in his Official Military Personnel File (OMPF).  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 correct SSN documented in his OMPF.

4.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

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)                                         AR20120011332



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ABCMR Record of Proceedings (cont)                                         AR20120011332



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