IN THE CASE OF:
BOARD DATE: 11 June 2015
DOCKET NUMBER: AR20140019038
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his social security number (SSN) as
xxx-x1-0154 instead of xxx-x7-2160.
2. The applicant states, in effect:
* when he was in his mid-30's he went to the local office of the Social Security Administration (SSA) to replace a damaged social security card
* the SSA denied his request and told him the SSN he was using was incorrect; the correct number was xxx-x1-0154
* he was then issued a new card with the requested number
* he did not realize he could request the correction of his military records until recently
3. The applicant provides copies of:
* two social security cards with different SSN's
* DD Form 214
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 enlisted in the Regular Army on 10 June 1986. After completing initial training, he was awarded military occupational specialty 31L (Wire Systems Installer). The highest rank/grade held was specialist four/E-4.
3. He was honorably released from active duty on 15 December 1989. His SSN is shown as xxx-x7-2160.
4. His records show he consistently used xxx-x7-2160 as his SSN throughout his period of military service.
5. He provides copies of two social security cards, one with the requested SSN (xxx-x1-0154) and another showing SSN xxx-x7-2160, which was the SSN he used throughout his service.
DISCUSSION AND CONCLUSIONS:
1. Although he provides a copy of his social security card, the evidence of record shows that throughout his term of military service, his SSN consistently appeared as xxx-x7-2160 on every document in his available service personnel records.
2. Based on the social security card from the Social Security Administration, his SSN is currently xxx-x1-0154; 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 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 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.
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) AR20140019038
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ABCMR Record of Proceedings (cont) AR20140019038
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