BOARD DATE: 29 January 2013
DOCKET NUMBER: AR20120012099
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
"2xx-7x-5xxx."
2. The applicant states:
* he was given the wrong SSN at the age of 16
* the error was discovered through the Social Security Administration and he was given a new number in 1992
* he needs his SSN corrected for Department of Veterans Affairs benefits and employment purposes
3. The applicant provides:
* Social security 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 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's enlistment document shows his SSN as "5xx-2x-0xxx" and that he enlisted in the Regular Army (RA) on 28 December 1979 for a period of
3 years. On 21 July 1982, he was honorably discharged for immediate reenlistment. His reenlistment document shows his SSN as "5xx-2x-0xxx" and that he reenlisted for a period of 3 years. On 9 April 1986, he was honorably discharged.
3. His DD Form 214 shows his SSN as "5xx-2x-0xxx."
4. All of his service personnel records show his SSN as "5xx-2x-0xxx."
5. He provides a copy of his social security card that shows his SSN as
"2xx-7x-5xxx."
6. 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 his DD Form 214 is incorrect. However, the evidence of record shows the SSN of "5xx-2x-0xxx" was used exclusively when he enlisted in the RA in 1979 and when he was discharged in 1986.
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 his correct SSN in his 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 his 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 his military record and to satisfy his desire to have his correct SSN documented in his 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) AR20120012099
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ABCMR Record of Proceedings (cont) AR20120012099
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