BOARD DATE:	  30 January 2014

		DOCKET NUMBER:  AR20130009974 


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 all of his military records be corrected to reflect his social security number (SSN) with the last four numerals as "1329" instead of "3782."

2.  The applicant states the incorrect information is making security screenings and access to Department of Veterans Affairs benefits difficult.

3.  The applicant provides:

* his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 26 June 1991
* his social security card, dated 19 July 2011
* an E-verify referral letter to the Social Security Administration (SSA) from the Boeing Company (Puget Sound), dated 8 July 2011
* his Certificate of Naturalization 

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.  His DD Form 1966 (Record of Military Processing – Armed Forces of the United States), dated 8 December 1980, shows the last four numerals of his SSN as "3782."  Item 40 (Data Verification by Recruiter) shows his recruiter verified his SSN using his social security card.

3.  On 9 December 1980, he enlisted in the U.S. Army Reserve Delayed Entry/Enlistment Program (DEP).  His DD Form 4/1 (Enlistment/Reenlistment Document, Armed Forces of the United States) shows the last four numerals of his SSN as "3782."

4.  On 21 January 1981, he enlisted in the Regular Army.  His DD Form 4/4 shows the last four numerals of his SSN as "3782."

5.  The following forms in his Military Personnel Records Jacket (MPRJ) contain his signature and show his SSN with the last four numerals as "3782":

* DD Form 1695 (Oath of Extension of Enlistment)
* DD Form 4, dated 19 April 1985, for immediate reenlistment
* DA Form 2-1 (Personnel Qualification Record)

6.  On 26 June 1991, he was discharged.  His DD Form 214, also containing his signature, shows the last four numerals of his SSN as "3782."

7.  All other documents in his MPRJ also identify him where required using an SSN with the last four numerals as "3782."

8.  The social security card he submitted was issued on 19 July 2011 and shows his SSN with the last four numerals as "1329."

9.  The E-verify letter submitted by the applicant shows the SSN with the last four numerals of "3782" did not match SSA's records.

10.  The Certificate of Naturalization he submitted does not show an SSN.

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The social security card he submitted showing the last four digits of his SSN as "1329" was issued on 19 July 2011, 20 years after his discharge.  Therefore, it does not verify his SSN during his period of active service in the Army.

2.  The reason for the discrepancy at the SSA is not known and the applicant provided no evidence explaining why the SSNs did not match.

3.  The DD Form 1966, dated 8 December 1980, showing his SSN with the last four numerals as "3782" was verified using his social security card.  The 
DD Form 1695, DD Forms 4, and DA Form 2-1, which contain his signature, all show his SSN with the last four numerals as "3782."  All other documents in his MPRJ that required his SSN also show the last four numerals as "3782."  

4.  There is no evidence in his MPRJ of an SSN with the last four numerals as "1329" during his period of service.  Therefore, there is insufficient evidence to change his SSN in his military records.

5.  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.  There is a reluctance to recommend that those records be changed.

6.  The applicant is advised that a copy of this decisional document will be filed in his military records.  This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military records and to satisfy his desire to have his current SSN documented.

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)                                         AR20130009974



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ABCMR Record of Proceedings (cont)                                         AR20130009974



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