IN THE CASE OF:
BOARD DATE: 24 February 2015
DOCKET NUMBER: AR20140012662
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 it is listed on his social security card.
2. The applicant states he received a new SSN because the Social Security Administration had issued the same SSN to two people in the year 1986 and discovered their error in the year 2000. He now needs his DD Form 214 corrected so he can receive military service credit from his civilian employer.
3. The applicant provides a copy of his DD Form 214 and a Social Security Administration letter, dated 1 August 2000, with 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 applicants 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 applicants 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 Regular Army on 29 May 1987 using the SSN
XXX-XX-5542. He used that SSN throughout his military service.
3. He was honorably released from active duty (REFRAD) on 28 June 1991. His DD Form 214 shows in Item 3 (SSN) XXX-XX-5542.
4. The applicant provides a 1 August 2000 letter from the Social Security Administration informing him he had been assigned a new SSN and that his earnings would be transferred to the new SSN. The letter further stated the previous SSN that had been assigned to him was not his.
5. Army Regulation 635-5 (Separation Documents) at the time provided guidance on the preparation of the DD Form 214. This regulation has historically stated that item 3 will contain the SSN taken from the Soldier's personnel record.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant enlisted, served, and was REFRAD using the SSN as shown on his DD Form 214.
2. The 1 August 2000 letter from the Social Security Administration informed the applicant that he had been issued a new SSN and that all his earnings would be transferred to his new SSN. The previous SSN was not his.
3. There is no error to correct in his record. He received a new SSN after he left active duty.
4. 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. While it might be understandable that the applicant now desires the record to show his current SSN in the absence of a showing of material error or injustice, there is a reluctance to recommend that his records be changed.
5. 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 in his military record and the SSN he now uses.
6. In view of the above, there is no basis for granting the applicant's 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) AR20100023544
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ABCMR Record of Proceedings (cont) AR20140012662
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