BOARD DATE:	  18 June 2015

		DOCKET NUMBER:  AR20140018456 


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 the social security number (SSN) reflected in his military personnel records to be shown as "1X5-38-93XX" instead of "12X-22-75XX."

2.  The applicant states the present SSN reflected in his records is incorrect.  In effect, the SSN reflected in his records was assigned to his father.  He is unable to collect his social security benefits due to this mistake.  

3.  The applicant provides the following:

* General Orders (GO) Number 731
* copies of his:

* Certification of Birth
* Social Security Card
* State Driver License

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 the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the Regular Army on 20 February 1969.  At the time of his enlistment, he was assigned and identified with a service number starting with "RA" for Regular Army.  His records contain the following:

* DD Form 398 (Statement of Personnel History), dated 6 February 1969, which lists his SSN as "12X-22-75XX"
* DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 20 February 1969, which lists his SSN as "12X-22-75XX"
* Special Orders (SO) Number 36, dated 20 February 1969, which lists his SSN as "12X-22-75XX"
* DA Form 41 (Record of Emergency Data), dated 20 February 1969, which lists his SSN as "12X-22-75XX"

3.  His records contain and he provided GO Number 731, issued by Headquarters, 20th Engineer Brigade on 18 June 1970, awarding him the Army Commendation Medal.  The orders list his SSN as "12X-22-75XX."

4.  His records also contain the following:

* DA Form 20 (Enlisted Qualification Record), dated 7 July 1971, which lists his SSN as "12X-22-75XX"
* SO Number 342, dated 8 December 1971, which lists his SSN as "12X-22-75XX"

5.  He was honorably released from active duty on 8 December 1971 and was transferred to the U.S. Army Reserve (USAR) Control Group.  Item 3 of his DD Form 214 lists his SSN as "12X-22-75XX."

6.  Letter Orders Number 01-1023515, dated 22 January 1975, discharged him from the USAR on 1 February 1975.  The orders list his SSN as "12X-22-75XX."

7.  He provided copies of the following:

* State of New York Certification of Birth, issued on 10 January 1990, which identifies an individual with the same name and date of birth of record as the applicant; the certificate does not list his SSN
* Social Security Card which lists his SSN as "1X5-38-93XX"
* State Driver License which does list his SSN

8.  Army Regulation 635-5 (Separation Documents, in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The regulation stated item 3 would list the SSN verified in the Soldier's records.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in the RA and USAR with the SSN "12X-22-75XX."  It appears he began using the SSN "1X5-38-93XX" after his separations in 1971 and 1975.  There is no available evidence and he did not provide sufficient evidence showing the SSN contained in his military personnel records is incorrect.

2.  Absent convincing independent and verifiable evidence to the contrary, it is presumed that the documents contained his military personnel records, to include GO Number 731, were correct at the time they were prepared.  Therefore, there is an insufficient evidentiary basis to grant the requested relief.

3.  For historical purpose, 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 showing a material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable that the applicant now desires to record his current SSN in his military personnel records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

4.  A copy of this decisional document will be filed in his records to clarify the difference between his current SSN and the SSN shown in his military personnel 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 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)                                         AR20140018456





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ABCMR Record of Proceedings (cont)                                         AR20140018456



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