IN THE CASE OF:
BOARD DATE: 28 May 2013
DOCKET NUMBER: AR20120019928
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 military records to show a different social security number (SSN).
2. The applicant states he was issued an invalid SSN as a child which is the SSN he used throughout his military service. He continues that while in the Army and after his discharge, he filed Federal tax returns using that number. He was contacted by the Internal Revenue Service (IRS) and he was told that the SSN he was listing did not match the SSN in their records. He adds that he would like his SSN corrected in his military records in order to receive credit for his years of service in the Army, for retirement purposes, and in case he decides to apply for military benefits.
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* birth certificate
* copy of his driver's license, wage and tax statement, and social security card
* correspondence from the IRS and Social Security Administration (SSA)
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 19 September 1983. His enlistment contract shows the SSN he claims is incorrect.
3. A review of his Army Military Human Resource Record (AMHRR) revealed that all documents contained in his record bearing his SSN reflect the SSN he claims is incorrect.
4. He was released from active duty on 17 July 1986. His DD Form 214 shows the SSN he claims is incorrect.
5. There is no evidence in his AMHRR showing he ever served under the SSN he claims is correct.
6. He provides a letter from the IRS which confirms his contention that the SSN he listed during his military service is different than the SSN listed in the IRS and SSA records.
7. The letter from the SSA provided shows he was informed by the SSA that his earnings from 1978 through 1987, including the military wages between 1983 and 1986, were posted under his correct SSN.
8. Army Regulation 635-5 (Separations 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. It states 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 evidence of record shows he served under the SSN shown on his DD Form 214 throughout his entire military service.
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 Armys records.
3. The applicant is advised that a copy of this decisional document, which confirms his correct SSN, will be filed in his AMHRR. 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. Based on the letter from the SSA provided, it appears the SSA took corrective action in his case and he is being given credit for his military service. Therefore, there is no basis to grant the 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) AR20120019928
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120019928
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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