BOARD DATE: 12 September 2013
DOCKET NUMBER: AR20130001691
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 change his social security number (SSN) from "XXX-XX-0465" to "XXX-XX-4074" (a completely different SSN).
2. The applicant states the SSN shown on his DD Form 214 belongs to a relative; a deceased mother or sister. The Social Security Administration transferred the earnings to the requested SSN. It was a mistake committed by the elders.
3. The applicant provides a social security card and his DD Form 214.
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 as a cadet in the U.S. Army Reserve on 6 October 1981. His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) and allied documents list his SSN as "XXX-XX-0465" (the contested SSN). He authenticated this form by placing his signature in the appropriate block.
3. He entered active duty as a second lieutenant on 15 May 1984.
4. Multiple personnel, security, and medical documents in his service records show his SSN as "XXX-XX-0465" and include the documents below. He authenticated some of these documents as required by placing his signature in the appropriate blocks.
* DA Form 873 (Certificate of Clearance and/or Security Determination)
* Officer Record Brief
* DA Form 268 (Report for Suspension of Favorable Personnel Actions)
* Separation packet
* DD Form 1172 (Application for Uniformed Services Identification and Privilege Card)
* DD Form 93 (Record of Emergency Data)
* VA Form 29-8286 (Servicemen's Group Life Insurance)
5. He was honorably released from active duty on 2 July 1986. Item 3 (SSN) of his DD Form 214 lists his SSN as "XXX-XX-0465."
6. He provides a social security card that also contains the same name as his with the SSN listed as "XXX-XX-4074."
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. 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 the applicant listed his SSN as "XXX-XX-0465" upon his enlistment as a cadet in the U.S. Army Reserve. He consistently used this SSN throughout his military service. He authenticated several documents by placing his signature in the appropriate blocks, indicating this was his correct SSN. He did not use the requested SSN at any time during his military service.
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 understandable he desires to now record his current 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.
3. Absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including his DD Form 214, were correct at the time these forms were prepared. Therefore, there is an insufficient evidentiary basis to grant him 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) AR20130001691
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ABCMR Record of Proceedings (cont) AR20130001691
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