IN THE CASE OF: 

		BOARD DATE:	27 September 2011

		DOCKET NUMBER:  AR20110005698
 

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 correct social security number (SSN) as 463-XX-XXXX.

2.  The applicant states the SSN on his DD Form 214 is incorrect and it is causing him problems obtaining benefits.

3.  The applicant provides copies of his social security card and Texas 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 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.  A review of his Official Military Personnel File (OMPF) reveals he enlisted, served, and was discharged using SSN 461-XX-XXXX, the number he states is incorrect.

3.  The applicant has provided a copy of his social security card showing his SSN as 463-XX-XXXX.  There is no evidence that he used this SSN when he served in an active duty status.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show SSN 463-XX-XXXX.

2.  The evidence of record clearly shows the applicant used SSN 461-XX-XXXX throughout his period of military service.  There is no evidence that he used the SSN that he now uses.

3.  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. 

4.  The applicant is advised that a copy of this decisional document will be filed in his OMPF.  This should serve to clarify any questions or confusion regarding the different SSN's and satisfy his desire to have his current SSN documented in his record.  

5.  In view of the above, the applicant’s request should be denied. 

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)                                         AR20100017326



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ABCMR Record of Proceedings (cont)                                         AR20110005698



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