IN THE CASE OF:	  

		BOARD DATE:  8 October 2013

		DOCKET NUMBER:  AR20130003389 


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 a completely different social security number (SSN) than the SSN that is listed on his DD Form 214.

2.  The applicant states he unwittingly used his father's SSN "XXX-XX-0741" for his military service and his medical records at the Department of Defense reflect his service under his father's SSN.  When he learned of the SSN conflict in 1996, he applied for and ultimately received his own SSN "XXX-XX-9815."  The incorrect SSN affects his entitlements and benefits. 

3.  The applicant provides:

* DD Form 214
* Social Security Administration (SSA)/SSN Printout
* Social security card
* Congressional correspondence
* Two letters from the Department of Veterans Affairs

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's records show he enlisted in the U.S. Army Reserve on 29 November 1978 and subsequently in the Regular Army (RA) on 8 August 1979.  His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) and allied documents list his SSN as "XXX-XX-0741" (the contested SSN).  He authenticated this form by placing his signature in the appropriate block.

3.  His DA Form 2-1 (Personnel Qualification Record) which was created upon his entry on active duty listed his SSN as "XXX-XX-0741."  He reviewed this form and authenticated it with his signature. 

4.  He executed his first reenlistment in the RA on 2 May 1985 and his second reenlistment in the RA on 29 April 1989.  In both cases, his DD Form 4 and allied documents list his SSN as "XXX-XX-0741."  

5.  Multiple personnel, security, and medical documents in his service records show his SSN as "XXX-XX-0741."  This includes the documents listed 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)
* DD Form 93 (Record of Emergency Data)
* VA Form 29-8286 (Servicemen's Group Life Insurance)
* DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice)
* DA Form 1059 (Service School Academic Evaluation Report)
* Multiple awards, assignment, reassignment, and separation orders
* DD Form 1172 (Application for Uniformed Services Identification and Privilege Card)

6.  He was honorably discharged from active duty on 28 April 1989.  Item 3 (SSN) of his DD Form 214 lists his SSN as "XXX-XX-0741."  He authenticated this form with his signature.  



7.  He provides:

	a.  An SSA/SSN Printout, dated 11 February 2013, showing SSN 
"xxx-xx-9815" (the requested SSN) is assigned to an individual with the same name as that of the applicant. 

	b.  A social security card that also contains the applicant's name and SSN "XXX-XX-9815." 

8.  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-0741" upon his enlistment in the U.S. Army Reserve, RA, and subsequent reenlistment in the RA.  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)                                         AR20130003389



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ABCMR Record of Proceedings (cont)                                         AR20130003389



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