IN THE CASE OF:
BOARD DATE: 16 July 2013
DOCKET NUMBER: AR20120023037
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 her social security number (SSN) on all of her military records be changed to the new SSN she was issued on 21 November 2012 by the Social Security Administration.
2. The applicant states her SSN was changed by the Social Security Administration due to identity theft.
3. The applicant provides:
* a Form SSA-2458 (Report of Confidential Social Security Benefit Information), dated 12 October 2012
* a Form SSA-2458, dated 21 November 2012
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. On 7 February 1991, she enlisted in the Regular Army for 5 years. She immediately reenlisted on 7 June 1995 and on 14 August 1998.
3. On 22 November 2000, she was discharged by reason of disability with severance pay.
4. All documents in her Army Military Human Resource Record (AMHRR) show her SSN as xxx-xx-3084.
5. The Form SSA-2458, dated 12 October 2012, that she provided, indicated the applicant had made a statement regarding the use of her SSN by another individual with the same name.
6. The Form SSA-2458, dated 21 November 2012, that she provided, assigned the applicant the new SSN xxx-xx-3493. Her previous SSN is no longer valid as she was a victim of identity theft.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. 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. There is a reluctance to recommend that those records be changed.
2. The applicant is advised that a copy of this decisional document will be filed in her military records. This should serve to clarify any questions or confusion in regard to the difference in the SSN xxx-xx-3084 recorded in her military records and to satisfy her desire to have her current SSN, xxx-xx-3493, documented.
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) AR20120023037
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ABCMR Record of Proceedings (cont) AR20120023037
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