BOARD DATE: 23 January 2014
DOCKET NUMBER: AR20130009214
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 Social Security Number (SSN) to show it as xxx-58-xxxx instead of xxx-56-xxxx.
2. The applicant states his SSN on his DD Form 214 (Certificate of Release or Discharge from Active Duty) is incorrect.
3. The applicant provides a copy of 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, with 6 years of prior active and inactive service, enlisted in the Regular Army on 6 January 1982. He held and served in military occupational specialty 91A (Medical Specialist). On 5 January 1985, he was honorably discharged. His DD Form 214 shows his SSN as xxx-56-xxxx.
3. A review of his records shows that all documents containing an SSN, either typed or handwritten, utilize the SSN xxx-56-xxxx. There are no documents in the available military records showing any other SSN,
4. The Social Security Card shows an SSN of xxx-58-xxxx.
DISCUSSION AND CONCLUSIONS:
1. The available record contains no reference to any SSN other than xxx-56-xxxx. The applicant has offered no explanation as to why an incorrect SSN may have been used, considering the fact that he completed a number of the documents in his record in his own hand. Therefore, there is no basis for granting the applicant's requested relief.
2. For historical purposes, 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.
3. The applicant is advised that a copy of this decisional document will be filed in his official record. This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded.
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.
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