BOARD DATE: 2 July 2014
DOCKET NUMBER: AR20130017556
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as XXX-XX-1453 instead of XXX-XX-5043.
2. The applicant states he was issued a new SSN.
3. The applicant provides a copy of a letter 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 was inducted into the Army of the United States on 11 May 1966. All documents completed during his military service show his SSN as XXX-XX-5043.
3. On 10 May 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve. His DD Form 214 shows his SSN as XXX-XX-5043.
4. The applicant provided a letter from the SSA, dated 16 September 2013, which states he was issued two SSN's. The correct number he has been using and which the SSA shows earnings under is XXX-XX-1453. He was advised not to use SSN XXX-XX-5043 and to continue to use SSN XXX-XX-1453.
DISCUSSION AND CONCLUSIONS:
1. Records show the applicant reported his SSN as XXX-XX-5043 upon his entry in the U.S. Armed Forces. Although the applicant provided a letter from the SSA which shows his current SSN is XXX-XX-1453, the evidence of record clearly shows the SSN XXX-XX-5043 was used consistently throughout his entire period of military service and this SSN was entered 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 correction of his military service records and DD Form 214.
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. 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. However, given the fact that the SSA verified the applicant was issued two SSN's and instructed him to use only SSN XXX-XX-1453, it would be appropriate in this case to record his current SSN in the remarks section of his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X_____ __X______ __X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the SSN requested and verified by the SSA to the remarks section of his DD Form 214.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to removal of SSN XXX-XX-5043 from his DD Form 214.
___________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) AR20130017556
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