BOARD DATE:	  26 February 2015

		DOCKET NUMBER:  AR20140012110 


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 service records to show his Social Security Number (SSN) as "XXX-XX-XX89" instead of "XXX-XX-XX31."

2.  The applicant states the Army recruiter relied upon a pay stub the applicant provided that had an incorrect SSN; however, the applicant was unaware of the error at the time.  He states that he did not learn he was using an incorrect SSN until his mortgage bank informed him it had found an error approximately 
10 years after he signed the mortgage documents.  He adds that he knew it would be difficult to correct this error while he was on active duty and he has been meaning to correct this error ever since he left active duty.

3.  The applicant provides copies of his social security card, California driver license, and DD Form 214 (Certificate of Release or Discharge from Active Duty).

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.  A DD Form 1966 (Application for Enlistment – Armed Forces of the United States), prepared and certified by the applicant on 9 March 1990, shows in: 

   a.  section I (Personal Data), item 1 (SSN):  "XXX-XX-XX31" and

   b.  section V (Certification) –
   
* item 40 (Certification of Applicant), in part, "I certify that the information given by me in this document is true, complete, and correct to the best of my knowledge and belief."
* item 41 (Data Verification by Recruiter), block d (SSN), line 2 (Other), an "X" and the entry "W2" [Form W-2 (Wage and Tax Statement)]

   c.  The header of pages 1 through 5 also show his SSN as "XXX-XX-XX31."

   d.  The applicant and recruiter placed their signatures on the document.

3.  The applicant's DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows he enlisted in the U.S. Army Reserve on
12 March 1990 for a period of 8 years and that he further enlisted in the Regular Army (RA) on 8 August 1990 for a period of 5 years.  The DD Form 4 shows the entry "XXX-XX-XX31" in item 2 (SSN) and that the applicant placed his signature on the document on 12 March 1990 and on 8 August 1990.

4.  The applicant reenlisted in the RA on 23 April 1996, 5 May 1998, and
20 February 2001.  All three DD Forms 4 show his SSN is recorded as
"XXX-XX-XX31" in item 2.  The applicant also signed the documents certifying the SSN was correct.

5.  Documents in the applicant's military personnel record consistently show his SSN was recorded as ""XXX-XX-XX31" throughout the period of his service.

6.  The applicant's DD Form 214 shows he was honorably retired from active duty on 30 September 2011.  It also shows the entry "XXX-XX-XX31" in item 3 (SSN).  The applicant electronically signed the document certifying the SSN was correct.


7.  In support of his application the applicant provides copies of the following documents:

* social security card, issued on 23 July 2013, that shows his SSN as
"XXX-XX-XX89"
* California driver license, issued on 24 August 2011; it does not show an SSN

8.  Army Regulation 635-5 (Personnel Separations – Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.

   a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Enlisted Record Brief, separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File (OMPF).

   b.  Paragraph 2-4 (Completing the DD Form 214) of the Separation Documents regulation contains item-by-item instructions for completing the 
DD Form 214.  The instructions show for item 3 (SSN), verify accuracy with the SSN of record.

DISCUSSION AND CONCLUSIONS:

1.  Records show that upon entry into the U.S. Armed Forces in March 1990 the applicant reported his SSN as it is listed on his DD Form 214 that he was issued on 30 September 2011.  In addition, the SSN he reported as his SSN was consistently recorded in his military service records and on his DD Form 214.

2.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, it is concluded that the evidence provided by the applicant relating to his SSN is insufficient to warrant changing his military records and separation document.

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 no basis 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 OMPF.  This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and the SSN shown on his social security card.

5.  In view of the foregoing, there is no basis for granting the requested relief.

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)                                         AR20140012110



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140012110



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1