IN THE CASE OF:
BOARD DATE: 12 September 2013
DOCKET NUMBER: AR20130002961
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) ends in 78 not 58.
2. The applicant states the SSN on his DD Form 214 (Report of Separation from Active Duty) and the DD Form 215 (Correction to the DD Form 214) are incorrect. He believes the entries are typographical errors.
3. The applicant provides a DD Form 214, DD Form 215, and a Social Security Card.
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 served in Regular Army from 6 January 1981 through 5 January 1984 in military occupational specialty 76P (Materiel Control and Accounting Specialist).
3. A review of his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File, shows that all documents containing an SSN, with the exception of a post-service request for a DD Form 214, end with the digits as "58."
4. The applicants Social Security Card shows his SSN ends in the digits 78.
DISCUSSION AND CONCLUSIONS:
1. 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 the applicant desires to now record his SSN in his military records as it is listed on his Social Security Card there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
2. The applicant's record contains no reference to an SSN other than the one ending in "58" during his period of active duty. His contention that the incorrect SSN resulted due to typographical errors is not supported by the evidence. Therefore, there is no basis for granting the applicant's requested relief.
3. The applicant is advised that a copy of this decisional document will be filed in his AMHRR. This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have the SSN listed on his Social Security Card documented in his AMHRR.
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) AR20130002961
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ABCMR Record of Proceedings (cont) AR20130002961
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