IN THE CASE OF:
BOARD DATE: 17 September 2015
DOCKET NUMBER: AR20150002892
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 two applications correction of his record to show his social security number (SSN) as "105-XX-XXXX" instead of "062-XX-XXXX."
2. The applicant states he was a teenager when, by accident, he inadvertently provided the wrong SSN during his enlistment.
3. The applicant provides copies of his:
* Discharge Order
* SSN card
* Connecticut driver's license
* 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. The applicant's service records are not available for review with this case. An exhaustive search was undertaken to locate his military records that are necessary for the processing of his application. Unfortunately, they could not be found. However, his application contains a DD Form 214 (Certificate of Release or Discharge from Active Duty) which is sufficient for the Board to conduct a review of his case.
3. The applicant's DD Form 214 shows:
a. He enlisted in the United States Army Reserve for a period of 8 years and entered active duty in training (ADT) on 29 August 1980. He was trained in and awarded military occupational specialty 91M (Hospital Food Specialist).
b. He earned the following award and weapons qualification badges:
* Army Service Ribbon
* Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
c. On 12 April 1991, he was honorably released from ADT to his USAR unit to fulfill his Reserve obligation which would end on 28 August 1998. He completed 7 months and 14 days of creditable active duty service.
d. Item 3 (Social Security Number) contains the entry 062-XX-XXXX.
e. Item 21 (Signature of Member Being Separated) shows he authenticated this document with his signature.
4. On 9 March 1999, the USAR Personnel Command, published Orders Number D-03-912376, which directed the applicants honorable discharge from the USAR on 9 March 1999. It also list the applicants SSN as 062-XX-XXXX.
5. The applicant provided a copy of his social security card which shows his SSN as "105-XX-XXXX."
DISCUSSION AND CONCLUSIONS:
1. The applicants DD Form 214 and his discharge order are the only official documents available from the applicants official military personnel file for consideration in this case. Both of these documents list the SSN that he now claims is incorrect and he admits that this is the number he provided official during his enlistment processing. Therefore, this is the same SSN which would have been listed on all appropriate documents maintained throughout his military service. In addition, he would have authenticated these documents with his signature when required, as shown on his DD Form 214.
2. 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 that the applicant desires the his military records to now record his current SSN as shown on the evidence he provides, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. Absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, were correct at the time of preparation and there is insufficient evidence to grant relief in this case.
4. The applicant is advised that a copy of this decisional document will be filed in his military records. This should serve to clarify any questions or confusion regarding the different SSN's and to satisfy his desire to have his current SSN documented in his 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) AR20150002892
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ABCMR Record of Proceedings (cont) AR20150002892
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