IN THE CASE OF:
BOARD DATE: 9 December 2014
DOCKET NUMBER: AR20140007538
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as
457-XX-XXXX, versus 432-XX-XXXX.
2. The applicant states his correct SSN is 457-XX-XXXX, not 432-XX-XXXX as shown on his DD Form 214.
3. The applicant provides his DD Form 214, a copy of his identification card, and a copy of his social security card.
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. His records show he consistently used "432-XX-XXXX" as his SSN throughout his period of military service. This includes all enlistment documents, casualty notification, and Servicemembers Group Life Insurance documents contained in his personnel records. The only document showing a different SSN is his DA Form 669 (Army Continuing Education System (ACES) Record), where it shows 532-XX-XXXX.
3. He provides a copy of his social security card, which shows his SSN as
457-XX-XXXX.
DISCUSSION AND CONCLUSIONS:
1. Although he provides a copy of his social security card, the evidence of record shows, throughout his term of military service, his SSN consistently appeared as 432-XX-XXXX on almost every document in his available service personnel record. The one exception is his DA Form 669, but even this form does not match the number he states is the correct SSN.
2. Based on the social security card from the Social Security Administration, his SSN is currently "457-XX-XXXX"; however, it is not the SSN he used when he served on active duty, and this does not change the conditions and circumstances that existed at the time his service records were created.
3. For historical purposes, 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. 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 Armys records at this late date.
4. The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have his correct SSN documented in his OMPF.
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) AR20140007538
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ABCMR Record of Proceedings (cont) AR20140007538
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