IN THE CASE OF:
BOARD DATE: 22 January 2013
DOCKET NUMBER: AR20120011515
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 "XXX-XX-7820" instead of "XXX-XX-3884."
2. The applicant states he served honorably for 8 years including 2 years and 6 months of active duty, 3 years in the active Reserve, and 2 years and 6 months in the inactive Reserve under a temporary SSN. He permanently changed his SSN when he married a U.S. citizen and started the naturalization process.
3. The applicant provides:
* social security card
* United States of America Permanent Resident identification card
* DD Form 214
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 U.S. Army Reserve under the Delayed Entry Program (DEP) for 8 years on 19 September 1991. His DD Form 4 (Enlistment/
Reenlistment Document Armed Forces of the United States) and allied documents show his SSN as "XXX-XX-3884." He authenticated this form and allied documents by placing his signature in the appropriate blocks.
3. He was discharged from the DEP and enlisted in the Regular Army for 2 years and 23 weeks on 28 January 1992.
4. His DA Form 2-1 (Personnel Qualification Record) which was created upon his entry on active duty show his SSN as "XXX-XX-3884." He reviewed this form on 31 January 1992 and authenticated it by placing his signature in the appropriate block.
5. His records contain multiple documents, including a Record of Emergency Data, Servicemen's Group Life Insurance Election and Certificate, reassignment orders, and separation orders that show his SSN as "XXX-XX-3884." He authenticated some of these documents, as applicable, with his signature.
6. He was honorably released from active duty on 7 July 1994. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-3884."
7. He submitted a social security card that shows his SSN as "XXX-XX-7820" and his permanent resident identification card.
8. 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. 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 used SSN "XXX-XX-3884" upon his enlistment in the U.S. Army Reserve and Regular Army. He consistently used this SSN throughout his military service. He authenticated documents, as needed, by placing his signature in the appropriate blocks, indicating the information contained therein was correct. He did not use SSN "XXX-XX-7820" during the period he served on active duty.
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 understood he desires to record his current 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. Absent convincing, independent, and verifiable evidence to the contrary, it is presumed his military service records, including the DD Form 214, were correct at the time and there is an insufficient basis 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 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) AR20120011515
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ABCMR Record of Proceedings (cont) AR20120011515
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