BOARD DATE: 2 December 2014
DOCKET NUMBER: AR20140006125
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 military records to show her social security number (SSN) as XXX-XX-2553.
2. The applicant states she was notified by the Internal Revenue Service (IRS) in 2000 that she had been using the wrong SSN. She had been using her father's SSN. The IRS corrected the error and applied all of her earnings to the correct SSN. She thought her military records would be corrected as well. In June 2010, she attempted to retrieve a copy of her records from the Department of Veterans Affairs, but they were unable to locate her records under her SSN.
3. The applicant provides copies of her social security card, U.S. Army Reserve (USAR) discharge orders, and a letter from the National Personnel Records Center.
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 USAR Control Group (Reserve Officers' Training Corps(ROTC)) on 19 September 1983. Her DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows her SSN as
XXX-XX-0906.
3. Fourth ROTC Region Senior Instructor Group Orders ISS 4-1, dated 4 April 1985, discharged her from the USAR effective 17 May 1985 for the purpose of accepting a commission in the U.S. Armed Forces. Her SSN is shown as
XXX-XX-0906. On 18 May 1985, she was commissioned in the USAR in the rank of second lieutenant.
4. U.S. Army Reserve Personnel Command Orders D-09-048186, dated 1 September 2000, discharged her from the USAR effective 1 February 2001. Her SSN is shown as XXX-XX-0906.
5. The applicant's records contain no evidence showing she recorded her SSN as XXX-XX-2553 or served under SSN XXX-XX-2553 at any time.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records show she enlisted and was later commissioned using SSN XXX-XX-0906. Her records contain no evidence showing she recorded her SSN as XXX-XX-2553 or served under SSN XXX-XX-2553 at any time. She acknowledges she served under her fathers SSN.
2. 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. While the applicant's desire to have her current SSN recorded in her records is understandable, this is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this decisional document which confirms her current SSN will be filed in her official military records. This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in her military records and to satisfy her desire to have her current SSN documented in her military records.
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) AR20140006125
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ABCMR Record of Proceedings (cont) AR20140006125
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