IN THE CASE OF:	  

		BOARD DATE:	  28 July 2015

		DOCKET NUMBER:  AR20140021146 


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, in effect, that the Army records of her son, a former service member (FSM), be corrected to show his correct social security number (SSN).

2.  The applicant states:

* Her son served in the Army using xxx-xx-19xx as his SSN
* His real SSN is xxx-xx-14xx
* The error was not detected until a few years after his release from the Army
* His Army pay stubs need to be corrected to show his real SSN so he can claim benefits
* He tried various avenues to get his records corrected on his own, but due to his severe learning disabilities and extreme depression he has been unsuccessful
* Her son has a rare incurable disease causing him to go blind
* As his mother, she has recently been given Power or Attorney over his affairs in order to assist him in finding disability aid
* She applied for Social Security Disability for him and records at the Social Security Administration show that he has never worked although he served 4 years in the Army and 2 years in the Army National Guard

3.  The applicant provides a Durable Power of Attorney and copies of her son's:

* social security card
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Certificate of Live Birth
* Florida State Identification 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 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 FSM enlisted in the U.S. Army Reserve (USAR) on 4 March 2004.  At the time his enlistment contract was completed, he provided his social security card, which shows xxx-xx-14xx as his SSN.  However SSN xxx-xx-19xx was listed on his enlistment contract.

3.  The FSM enlisted in the Regular Army on 22 June 2004.  The same SSN listed on his enlistment contract (xxx-xx-19xx) is shown on every document in his Army record requiring its use.

4.  The FSM was released from active duty on 8 August 2007.  His DD Form 214 shows the SSN listed on his enlistment contract (xxx-xx-19xx).

5.  On 11 October 2007, the FSM enlisted in the Florida Army National Guard (FLARNG).  His enlistment contract shows his SSN as xxx-xx-19xx (the same SSN that he used during the time he served in the USAR and the RA).

6.  The FSM's National Guard Bureau (NGB) Form 22 (National Guard Report of Separation and Record of Service) is not filed in his official record.  The available records show he was discharged from the FLARNG on 3 March 2010.

7.  A review of the FSM's official military record fails to show any of his pay records contained therein.

8.  The applicant provides a copy of the FSM's Certificate of Live Birth which lists the applicant as his mother.  She also provides a copy of his social security card which is identical to the copy of the social security card contained in his official record.  Both documents show xxx-xx-14xx as his SSN.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states 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's contentions have been noted.  Her supporting evidence has been considered.

2.  It is unclear how the FSM could have served in the USAR, the RA, and the FLARNG and not notice that the SSN on his social security card was different from the SSN in his official record.

3.  Although the same SSN is shown on every document contained in his official record requiring its use, his official record contains a copy of his social security card which clearly shows a different SSN.  

4.  It appears that there was an error made at the time of the FSM's enlistment which resulted in the incorrect SSN being listed on his enlistment contract.  While correcting pay records does not fall within the purview of this Board, it would be appropriate at this time to correct the FSM's Army records to show the correct SSN.

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army and Florida Army National Guard records of the individual concerned be corrected by amending the appropriate documents to show he served using the SSN shown on his social security card.



      __________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)                                         AR20140021146





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ABCMR Record of Proceedings (cont)                                         AR20140021146



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