IN THE CASE OF:
BOARD DATE: 11March 2014
DOCKET NUMBER: AR20130010516
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 Army Military Human Resource Records (AMHRR) to show his social security number (SSN) as XXX-X2-X2XX.
2. The applicant states the wrong SSN is written down in his military records. He states his name and birth date are correct and so are the names of his mother and father; however, his SSN is incorrect.
3. The applicant provides copies of his Social Security Card and a printout from the Social Security Administration (SSA).
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 Pennsylvania Army National Guard (PAARNG) on 4 June 1976. His DD Form 4 (Enlistment Contract) shows XXX-X5-X3XX as his SSN.
3. On 4 June 1976, the applicant completed a DD Form 398 (Statement of Personal History) which shows his SSN as XXX-X5-X3XX. This SSN is listed on all documents contained in his official record requiring the use of an SSN.
4. He was released from the PAARNG on 8 March 1978. His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows XXX-X5-X3XX as his SSN.
5. There is no document contained in the applicant's AMHRR showing he used XXX-X2-X2XX as his SSN while he was in the Army.
6. The applicant provides copies of a Social Security Card and a printout from the SSA showing XXX-X2-X2XX as his SSN.
7. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. However, he entered the Army and he used "XXX-X5-X3XX" as his SSN throughout his period of military service. There is no evidence in the available record showing that he used "XXX-X2-X2XX" as his SSN.
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. The preponderance of evidence indicates the SSN shown in the applicant's AMHRR reflects the SSN that he used when he served. He has provided no explanation as to how such an error could have occurred; therefore, there is a reluctance to change his official records. However, this decisional document will be included in his AMHRR for future reference.
4. In view of the foregoing, 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) AR20130010516
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ABCMR Record of Proceedings (cont) AR20130010516
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