IN THE CASE OF:
BOARD DATE: 24 April 2014
DOCKET NUMBER: AR20130016003
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 her Army Military Human Resource Records (AMHRR) to show her social security number (SSN) as XXX-X6-XXXX.
2. The applicant states her social security card was not available at the time for verification.
3. The applicant provides copies of her social security card and her DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 United States Army Reserve on 18 October 1979. Her DD Form 4 (Enlistment Contract) shows XXX-X4-XXXX as her SSN. She enlisted in the Regular Army on 5 February 1980. Her DD Form 4c (Enlistment or Reenlistment Agreement) shows the same SSN as the one on her DD Form 4.
3. The SSN listed on her DD Form 4 is listed on all documents contained in her official record requiring the use of an SSN.
4. The applicant was honorably discharged on 24 January 1988. Her DD Form 214 shows XXX-X4-XXX as her SSN.
5. There is no document contained in the applicant's AMHRR showings she used XXX-X6-XXXX as her SSN while she was in the Army.
6. The applicant provides a copy of a Social Security Card showing XXX-X6-XXXX as her 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. Her supporting evidence has been considered.
2. However, she entered the Army and she used "XXX-X4-XXXX" as her SSN throughout his period of military service. There is no evidence in the available record showing that she used "XXX-X6-XXXX" as her 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 she used when she served. She has provided an insufficient explanation as to how such an error could have occurred; therefore, there is a reluctance to change her official records. However, this decisional document will be included in her AMHRR for future reference.
4. In view of the foregoing, her 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) AR20130016003
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ABCMR Record of Proceedings (cont) AR20130016003
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