BOARD DATE: 18 June 2013
DOCKET NUMBER: AR20120021874
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 records to show his correct social security number (SSN) is "xx8-xx-x57x."
2. The applicant states the SSN of "xx9-xx-x68x" which is shown in his records is incorrect.
3. The applicant provides a copy of his social security card which shows his SSN is "xx8-xx-x57x."
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 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. On 6 September 1974, the applicant enlisted in the Regular Army using the SSN "xx9-xx-x68x" which is shown on his DD Form 4/1 (Enlistment/Reenlistment Document).
3. The same SSN that is shown on his DD Form 4/1 is shown on every document contained in his Army Military Human Resource Record (AMHRR) requiring the use of his SSN.
4. The applicant was honorably discharged on 30 October 1974. Item 3 (SSN) on his DD Form 214 (Report of Separation from Active Duty) shows the SSN "xx9-xx-x68x."
5. The applicant submits his social security card which shows his SSN is "xx8-xx-x57x."
6. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted. His supporting evidence has been considered.
2. The applicant enlisted in the Regular Army using the SSN "xx9-xx-x68x." That social security number is shown on every document contained in his AMHRR that requires the use of his SSN.
3. 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.
4. He is advised that a copy of this decisional document which shows his requested 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 the requested SSN documented in his AMHRR.
5. Therefore, there is insufficient evidence 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 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) AR20120021874
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ABCMR Record of Proceedings (cont) AR20120021874
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