IN THE CASE OF:
BOARD DATE: 1 October 2013
DOCKET NUMBER: AR20130003658
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 (Report of Separation from Active Duty) to show the social security number (SSN) as "xx1-x8-xxx9."
2. The applicant states he found out the SSN he was issued prior to service belonged to someone else and he was later reissued a new SSN.
3. The applicant provides a copy of his DD Form 214 and his 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 enlisted in the Regular Army on 4 August 1972.
3. The same SSN shown on his DD Form 4 (Enlistment or Reenlistment Agreement Armed Forces of the Unites States), "xx2-x2-xxx2" 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 1975. Item 3 (SSN) of his DD Form 214 shows his SSN as "xx2-x2-xxx2."
5. The applicant provided a copy of his Social Security card which shows his SSN as "xx1-x8-xxx9."
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.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted in the Regular Army using the SSN "xx2-x2-xxx2." That social security number is shown on every document contained in his AMHRR that requires the use of his SSN.
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 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 his 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) AR20130003658
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