IN THE CASE OF:  	  

		BOARD DATE:  3 March 2015	  

		DOCKET NUMBER:  AR20140011945 


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 National Guard Bureau (NGB) Forms 22 (Report of Separation and Record of Service) and DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as 310-XX-XXXX instead of 317-XX-XXXX.

2.  The applicant states:

* the Social Security Administration states the SSN he used when he entered the Army does not exist
* he was young and didn't know his correct SSN when he entered the Army
* he joined the Army without a social security card
* his SSN is 310-XX-XXXX
* he was injured and doesn't have benefits

3.  The applicant provides:

* letter from the Social Security Administration, dated 25 June 2014
* Social Security Administration Form SSA-2458 (Report of Confidential Social Security Benefit Information), dated 25 June 2014
* discharge orders from the Indiana Army National Guard (INARNG), dated 4 October 1991
* Social Security Administration Form SS-5 (Application for a Social Security Number Card – Original, Replacement, or Correction), dated 3 November 1987

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 request to correct the SSN recorded on his NGB Forms 22 was noted.  However, Army Regulation 15-185 (Army Board for Correction of Military Records), paragraph 2-5, the regulation under which this Board operates, states the Board will not consider any application if it determines that the applicant has not exhausted all administrative remedies available.  Requests for administrative relief submitted by Army National Guard officers and enlisted Soldiers not on active duty are normally considered by the appropriate State Adjutant General.  The applicant is advised to submit his request to the Indiana State Adjutant General or the Chief, NGB, for this relief.  Therefore, this portion of his request will not be discussed further in this Record of Proceedings.

3.  He provided a Form SS-5, dated 3 November 1987, which shows his SSN as 317-XX-XXXX.

4.  He enlisted in the INARNG on 5 November 1987.  His DD Form 4 (Enlistment/
Reenlistment Document – Armed Forces of the United States), dated 5 November 1987, shows his SSN as 317-XX-XXXX.

5.  He was ordered to active duty for training on 16 February 1988 and he was released from active duty (REFRAD) on 21 June 1988.  His DD Form 214 shows his SSN as 317-XX-XXXX.

6.  On 1 February 1989, he was discharged from the INARNG.  His NGB Form 22 for the period ending 1 February 1989 shows his SSN as 
317-XX-XXXX.

7.  He again enlisted in the INARNG on 18 May 1990.  His DD Form 4, dated 18 May 1990, shows his SSN as 317-XX-XXXX.

8.  On 17 August 1991, he was discharged from the INARNG and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  His NGB Form 22 for the period ending 17 August 1991 shows his SSN as 
317-XX-XXXX.

9.  On 14 November 1995, he was honorably discharged from the USAR.  His discharge orders show his SSN as 317-XX-XXXX.

10.  He provided documentation from the Social Security Administration which states:

* his SSN is 310-XX-XXXX
* according to their records no other SSN has been issued to him

11.  He also provided an undated letter wherein he stated:

* the SSN he used when he enlisted in the Army in 1987 is incorrect
* the Army does not have a social security card showing his correct number
* the recruiter said he would take care of it, but he enlisted him in the INARNG without a valid social security card
* he has suffered mentally and physically since being in the Army
* he cannot receive any veterans' benefits because of the SSN error

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214 and stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his SSN is incorrect on his DD Form 214.

2.  The evidence of record shows he recorded his SSN as 317-XX-XXXX when he enlisted in the INARNG in 1987 and this SSN was used exclusively during his active military service.  The DD Form 214 issued when he was REFRAD in June 1988 show this SSN.

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 now desires to 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.  The applicant is advised that a copy of this decisional document will be filed in his military records.  This should serve to clarify any questions or confusion regarding the SSN recorded in his military records and to satisfy his desire to have his current SSN documented.

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)                                         AR20140011945



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ABCMR Record of Proceedings (cont)                                         AR20140011945



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