IN THE CASE OF:
BOARD DATE: 11 July 2013
DOCKET NUMBER: AR20130000054
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
"X95-XX-XXXX" vice "X59-XX-XXXX."
2. The applicant states the Social Security Administration (SSA) made an error when they issued his social security card. They have issued him a new social security card with his correct SSN listed.
3. The applicant provides a letter from the SSA, dated 27 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. The applicant enlisted in the Regular Army on 7 January 1982 and held military occupational specialty 13B (Cannon Crewmember).
3. The following documents in his record show his SSN as "X59-XX-XXXX." He authenticated each of these documents by placing his signature in the appropriate block, indicating the information contained therein was correct.
* DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States)
* DA Form 2-1 (Personnel Qualification Record)
* DD Form 214
4. Each document in his military record requiring a SSN entry shows his SSN as "X59-XX-XXXX."
5. He was honorably released from active duty on 30 January 1985 after completing 3 years and 20 days of net active service. His DD Form 214 shows his SSN as "X59-XX-XXXX." He authenticated this form by placing his signature in the appropriate block, indicating the information contained therein was correct.
6. He provided a letter from the SSA, dated 27 November 2012, wherein his SSN is shown as "X95-XX-XXXX."
7. 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. 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 available evidence shows the applicant used SSN "X59-XX-XXXX" upon enlistment. He consistently used this SSN throughout his military service. He authenticated documents, as required, by placing his signature in the appropriate blocks, indicating the information contained therein was correct. He did not use SSN "X95-XX-XXXX."
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 understood that the applicant desires to now record his requested SSN in his military records there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
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) AR20130000054
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ABCMR Record of Proceedings (cont) AR20130000054
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