IN THE CASE OF
BOARD DATE: 18 March 2014
DOCKET NUMBER: AR20130010742
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 from Active Duty) to show his social security number (SSN) as XXX-XX-8090 instead of XXX-XX-8241.
2. The applicant states his DD Form 214 is incorrect and that he mistakenly used his brother's SSN when he entered the Army.
3. The applicant provides copies of his DD Form 214, enlistment contract, and 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 8 September 1988. His enlistment contract, enlistment orders, and all military records completed during his military service show his SSN as XXX-XX-8241.
3. The applicant's DD Form 214 shows he was honorably released from active duty on 11 April 1990. He completed 1 year, 7 months, and 4 days of total active service. Item 3 (SSN) of his DD Form 214 shows his SSN as XXX-XX-8241.
4. The applicant provided a copy of his social security card which shows his SSN as XXX-XX-8090.
DISCUSSION AND CONCLUSIONS:
1. Records show the applicant reported his SSN as XXX-XX-8241 upon his entry in the U.S. Armed Forces. Although the applicant provided a copy of his social security card which shows his SSN as XXX-XX-8090, the evidence of record clearly shows the SSN XXX-XX-8241 was consistently recorded throughout the entire period of his military service, including on his DD Form 214.
2. Considering the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the evidence provided by the applicant relating to his SSN is insufficient to warrant a change to his military service records and separation document.
3. 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. While it is understandable 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. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File). 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.
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) AR20130010742
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ABCMR Record of Proceedings (cont) AR20130010742
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