IN THE CASE OF:
BOARD DATE: 4 September 2014
DOCKET NUMBER: AR20140001386
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 his military records be corrected to show the last four numerals of his social security number (SSN) as "2882" instead of "5219."
2. The applicant states when he entered the Army he had to go to the Social Security office to get a social security card. The Social Security office issued him a new SSN with the last four numerals as "5219." His "birth" SSN shows the last four numerals as "2882," and this is his primary SSN.
3. The applicant provides a printout, dated 7 January 2014, from the Social Security Administration, Columbia SC.
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. On 4 September 1974, he enlisted in the Regular Army for 2 years. His
DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows the last four numerals of his SSN as "5219."
3. On 4 November 1976, he was discharged to immediately reenlist. His
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the last four numerals of his SSN as "5219."
4. On 5 November 1976, he immediately reenlisted for 3 years. His DD Form 4 shows the last four numerals of his SSN as "5219."
5. He immediately reenlisted on 10 April 1981, on 20 January 1984, and on
18 September 1987. His DD Forms 4 shows the last four numerals of his SSN as "5219."
6. On 2 July 1990, he was retired and placed on the Temporary Disability Retired List (TDRL) effective 3 July 1990. His DD Form 214 shows the last four numerals of his SSN as "5219."
7. A DA Form 4240 (Data for Payment of Retired Army Personnel), dated 2 July 1990, shows the last four numerals of his SSN as "5219."
8. On 5 November 1992, he was removed from the TDRL and permanently retired with a disability rating of 30 percent. His retirement orders show the last four numerals of his SSN as "5219."
9. All other documents in his Military Personnel Records Jacket (MPRJ) identify him where required using the SSN with the last four numerals as "5219."
10. He provided a printout, dated 7 January 2014, from the Social Security Administration that shows the last four numerals of his SSN as "2882."
11. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The regulation stated 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. He contends his SSN is incorrect. However, the evidence he submitted is dated 7 January 2014, which is more than 20 years after his retirement. He had numerous opportunities during his Army career to correct his SSN.
2. The SSN he used on his initial enlistment is the same SSN he used for four reenlistments and on his DA Form 4240. This was the same SSN that he used throughout his military service.
3. Therefore, there is insufficient evidence to change the SSN recorded in his military records.
4. 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. There is a reluctance to recommend that those records be changed. However, a copy of this document will be filed in his records to clarify the differences in his SSN.
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.
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