IN THE CASE OF:
BOARD DATE: 29 August 2013
DOCKET NUMBER: AR20130002706
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his new Social Security Number (SSN).
2. The applicant states on 10 June 1996, the Social Security Administration issued him a new SSN because of fraud/abuse by an unknown source. He contends that his SSN needs to be corrected in his military records to ensure his Veteran status is accurate.
3. The applicant provides copies of:
* DD Form 214
* Letter, Social Security Administration, dated 1 December 1998
* Social Security Card (Old)
* Social Security Card (New)
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. Records show the applicant enlisted in the U.S. Army Reserve (USAR) on
13 January 1987 using the SSN he was issued at the time. His records indicate that he used this same SSN throughout his period of military service.
3. On 6 May 1987, the applicant was ordered to active duty for training (ADT) and was enrolled in the Combat Engineer Course. He completed this training and was released from ADT on 13 August 1987. His DD Form 214 shows the same SSN as he used when enlisting in the USAR.
4. Record show he was discharged from the USAR on 17 January 1995 using the same SSN.
5. The applicant states he was issued a new SSN in 1996 because the SSN he used while in the USAR was fraudulently compromised.
6. The applicant has provided copies of his Social Security cards. One shows the SSN he used while in the USAR and the other is the SSN he contends was issued to him in 1996.
7. Army Regulation 635-5 (Separation Documents) as then in effect, required the SSN to be entered in Item 3 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his SSN as indicated on his latest social security card.
2. The evidence of record clearly shows that the applicant enlisted in the USAR. He completed his service to include ADT and was subsequently discharged, all while using the SSN indicated on essentially all documents in his military records. Furthermore, he was still using this same SSN at the time of his discharge in January 1995 from the USAR.
3. 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.
4. The applicant is advised that a copy of this decisional document, along with his application will be filed in his military records. This should serve to clarify any questions or confusion in regard to the difference in his current SSN and the one recorded in his military record, and to satisfy his desire to have his current SSN documented in his record.
5. In view of the above, the applicants 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 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) AR20130002706
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ABCMR Record of Proceedings (cont) AR20130002706
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