IN THE CASE OF:
BOARD DATE: 9 September 2014
DOCKET NUMBER: AR20140002114
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 military records to show his new social security number (SSN).
2. The applicant states he was issued a new SSN in 2002 and now wants this new number showed in his military records. He states he is homeless and did not know about the error until he applied for a new SSN.
3. The applicant provides copies of:
* A DD Form 214 (Report of Separation from Active Duty), effective 31 March 1977
* A National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) effective 1 July 1982
* An NGB Form 23 (Retirement Credits Record), for the period 2 July 1976 to 1 July 1982
* A Massachusetts Identification Card issued 31 December 2013
* A letter from the Social Security Administration, dated 13 January 2014
* A Veterans Employment Network Card, Volunteers of America
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's military records are not available for review. However, there are sufficient documents available to conduct a fair and impartial review of this specific request.
3. An NGB Form 22, as provided by the applicant, shows he enlisted in the Massachusetts Army National Guard (MAARNG) on 2 July 1976. He was on active duty for training from 3 October 1976 to 31 March 1977. On 1 July 1982, he completed his 6-year enlistment in the MAARNG and was separated with a general characterization of service. He used the same SSN during his entire period of military service.
4. A letter from the Social Security Administration, dated 13 January 2014, as provided by the applicant, indicates that the letter is a receipt for a social security card for which he had applied. It does not state whether this SSN is new, or is merely a replacement for an earlier SSN. It does inform him that replacement cards are limited by law to no more than three per year and ten per lifetime. The letter does not provide the applicants new SSN.
5. The applicant has not provided a copy of his Social Security card.
6. Army Regulation 635-5 (Separation Documents) as then in effect, required the SSN to be entered in Item 3 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show his new SSN.
2. The evidence of record clearly shows that the applicant enlisted in the MAARNG using the same SSN for his entire 6-year period of military service. There is no available evidence showing that the SSN he used during his military service was not his, or was an incorrect number.
3. The applicants contention that his military records should now be corrected because he has received another SSN in 2002 is not sufficiently documented to show an error or injustice.
4. 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.
5. The applicant is advised that a copy of this decisional document, along with his application will be filed in his military records. This should serve to clarify any questions or confusion in regard to the difference in his current SSN and the one recorded in his military record, and to satisfy his desire to have his current SSN documented in his record.
6. In view of the above, the applicants 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) AR20130002706
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140002114
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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