IN THE CASE OF:
BOARD DATE: 11 July 2013
DOCKET NUMBER: AR20130000075
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 social security number (SSN) as "XXX-XX-6791."
2. The applicant states he was a victim of identity theft and the Social Security Administration issued him a new SSN.
3. The applicant provides:
* copies of his old and new social security cards
* two Department of Veterans Affairs Forms 21-4138 (Statement in Support of Claim)
* Identity Theft Victim's Complaint and Affidavit
* Identity Fraud Case Log with allied documents
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Honorable Discharge Certificate
* Social Security Administration Retirement, Survivors, and Disability Insurance, dated 19 September 2012
* Social Security Administration letter, dated 19 September 2012
* driver's license
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 24 June 1976.
3. The same SSN shown on his DD Form 4 (Enlistment or Reenlistment Agreement Armed Forces of the Unites States), "XXX-XX-6933," is shown on every document in his Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File) requiring the use of his SSN.
4. He was honorably released from active duty on 1 August 1980. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-6933."
5. The applicant provided a letter from the Social Security Administration which shows he was assigned a new SSN as the result of proven identity theft and misuse/disadvantage. In addition, he provided copies of his old and new social security cards.
6. 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 states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance; ensure all information on the DD Form 214 and other separation documents is accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his records to show his current SSN as a result of identity theft.
2. There is no question that the applicant was a victim of identity theft and that the Social Security Administration issued him a new SSN. However, 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 that the applicant desires to now record his new SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
3. He is advised that a copy of this decisional document which shows his current SSN will be filed in his AMHRR. This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military records and to satisfy his desire to have his current SSN documented in his AMHRR.
4. In view of the above is 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 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) AR20120022862
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120000075
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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