IN THE CASE OF:
BOARD DATE: 14 January 2014
DOCKET NUMBER: AR20130009213
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 his current social security number (SSN).
2. The applicant states the Social Security Administration (SSA) issued him the wrong SSN. The SSA assigned him an SSN already issued to an individual with a similar name. The error was not discovered until 1991.
3. The applicant provides two self-authored statements and an SSA Form 2458 (Record of Confidential Social Security Benefit Information), dated 2 April 2013.
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 31 July 1987.
3. His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), DA Form 2-1 (Personnel Qualification Record Part II), and all other pertinent documents in his records contain the SSN the applicant contends is incorrect.
4. He was honorably discharged on 14 June 1990. The SSN listed on his DD Form 214 matches the SSN shown on the other documents contained in his military records.
5. He provided an SSA Form 2458, dated 2 April 2013, wherein the SSA stated:
Our records indicate that [Applicant] has one official SSN. That is
XXX-XX-9580. It appears that when [Applicant] entered military service he was given someone else's SSN to use. Upon review of the DD [Form] 214 and associated queries his military service is still posted to the wrong SSN. As far as Social Security is concerned [Applicant's] SSN is XXX-XX-9580. The other SSN belongs to someone else. His military records need to be updated.
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 establishes standardized policy for preparation of the DD Form 214. 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. There is no evidence of record showing the applicant ever used the SSN listed on the SSA Form 2458 during the period of his military service.
2. The only evidence showing he had an incorrect SSN appeared after his military service ended.
3. 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 understood that the applicant 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.
4. A copy of this decisional document will be filed with his official records to clarify any confusion that might arise concerning the SSN he used while in the Army and the SSN issued to him by the SSA.
5. Based on the foregoing, there is insufficient evidence to grant the requested 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 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) AR20130009213
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ABCMR Record of Proceedings (cont) AR20130009213
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