BOARD DATE: 18 April 2013
DOCKET NUMBER: AR20120018053
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 (Report of Separation from Active Duty) to show his social security number (SSN) as indicated on his Social Security Card.
2. The applicant states the Social Security Administration (SSA) issued him a different SSN after his discharge. He further contends that the SSA refused to fix the issue.
3. The applicant provides copies of:
* Department of the Veterans Affairs (VA) Printout
* Social Security Card
* Hospital Birth Certificate, Jerome, Idaho, issued on 4 August 1958
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. Enlistment/Travel Order Number 86-7, Armed Forces Examining and Entrance Station, Oakland, California, dated 27 April 1977, indicates the applicant enlisted in the Regular Army on that day and he was ordered to report to Fort Leonard Wood, MO. This order lists the last four digits of his SSN as "4848."
3. A DA Form 2-1 (Personnel Qualification Record - Part II) signed and reviewed by the applicant on 31 July 1979 lists the last four digits of his SSN as "4848."
4. The applicant's DD Form 214, effective 29 July 1977, lists the last four digits of his SSN as "4848." This form bears the signature of the applicant.
5. Orders, Office of the Adjutant General, Reserve Components Personnel and Administration Center, dated 26 March 1983, discharged the applicant from the Ready Reserve using the SSN ending in "4848."
6. The Social Security Card provided by the applicant shows an SSN different from the number he used during his period of active service.
7. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldiers 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. The regulation then in effect required the SSN to be entered in Item 3 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his SSN as it is listed on the Social Security Card he provided.
2. The evidence of record clearly shows the applicant enlisted in the U.S. Army, served on active duty, and was subsequently discharged, all while using the SSN indicated on essentially all documents in his military records. Furthermore, he was still using this same SSN when he was discharged from the U.S Army Reserve in 1983.
3. 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.
4. The applicant is advised that a copy of this decisional document, along with his application will be filed in his military records. This should serve to clarify any questions or confusion in regard to the difference in his current SSN and the one recorded in his military record and to satisfy his desire to have his current SSN documented in his record.
5. In view of the above, the applicants request should be denied.
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) AR20120018053
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ABCMR Record of Proceedings (cont) AR20120018053
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