IN THE CASE OF: BOARD DATE: 5 January 2017 DOCKET NUMBER: AR20160013129 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ____x ___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 5 January 2017 DOCKET NUMBER: AR20160013129 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 to amend the decision of the ABCMR set forth in Docket Number AR20150004291 on 12 November 2015. _____________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. IN THE CASE OF: BOARD DATE: 5 January 2017 DOCKET NUMBER: AR20160013129 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, through his Member of Congress, reconsideration of his earlier request for the correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as "xx5-2x-xxxx" instead of "xx9-x0-xxxx." 2. The applicant states a. He is asking to have his SSN corrected on his military records. He was issued the SSN "xxx9-x0-xxxx" at the age of 14. He did not know that this SSN was not assigned to him. He used it for various jobs prior to entering the military. He purchased his first home using this SSN. In 1993, the Social Security Administration (SSA) and the Internal Revenue Service (IRS) informed him that this number had been issued to another person prior to his usage. The SSA corrected his SSN and issued another card for SSN xxx-xx-xxxx. His employer, the Baltimore City Police Department, corrected their files to reflect the changes. All money earned under the incorrect SSN was transferred to the correct SSN by the IRS and the SSA. He also submitted to the military all required corrective paperwork to have his DD Form 214 corrected around 1993. At that time, he believed this problem was taken care by all of the following: Baltimore City Police Department, IRS, Army, and SSA. b. For the past 3 years, he has gone back and forth with the Department of Veterans Affairs (VA) office in downtown Baltimore only to be turned away. He has been advised that he needed corrections to records of the Department of the Army, Department of Defense, and National Archives, and the results have been negative. Within the past 3 years, he has been turned away from supervisory positions and other jobs because of background checks. It is as if his military service does not exist when he provides his information with the correct SSN. c. The Board has denied his request for the correction of his SSN. They stated they would place a copy of their decision in his file. He has been directed from one official to another and his claim for hearing loss cannot proceed because of the wrong SSN. His military service is in question because of this mishap and he cannot claim any benefits until it is corrected. This is not his fault. 3. The applicant provides: * Congressional correspondence * Letter from the VA * Letter from the National Personnel Records Center * Report of Confidential Social Security Benefit Information * Letter from the SSA * U.S. Army Reserve (USAR) discharge orders * VA Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative) * VA Form 21-526EZ (Application for Disability Compensation and Related Compensation Benefits) * VA Form 21-4138 (Statement in Support of Claim) * social security card * DD Form 214 CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20150004291 on 12 November 2015. 2. The applicant provides a new argument that warrants consideration by the Board. 3. The applicant enlisted in the USAR under the Delayed Entry Program (DEP) on 24 June 1985. His DD Form 4 (Enlistment Document) is not available for review with this case. 4. He was discharged from the DEP and enlisted in the Regular Army on 22 November 1985. His DA Forms 2A (Personnel Qualification Record-Part I) and 2-1 (Personnel Qualification Record-Part II), which were created upon his entry on active duty, listed his SSN as "xx9-x0-xxxx." 5. His military service record contains various personnel, security, medical, dental, and financial documents that listed his SSN as "xx9-x0-xxxx." He authenticated some of these documents with his signature, as required. These documents include: * social security card * SF 93 (Report of Medical History), dated 19 June 1985 * SF 88 (Report of Medical Examination), dated 19 June 1985 * DA Form 3180 (Personnel Screening and Evaluation Record), dated 16 May 1986 * DD Form 93 (Record of Emergency Data), dated 17 November 1987 * VA Form 29-8286 (Serviceman's Group Life Insurance), dated 17 November 1987 * DA Form 873 (Certificate of Clearance and/or Security Determination), dated 22 July 1988 6. He was honorably released from active duty on 21 November 1988 and transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligations. Item 3 (SSN) of his DD Form 214 listed his SSN as "xx9-x0-xxxx." 7. On 29 June 1993, the USAR Personnel Center, St. Louis, MO, published Orders Number D-06-353480, honorably discharging him after he had completed his military service obligation. The discharge orders listed his SSN as "xx9-x0-xxxx." 8. His military service records do not contain any documents that show the requested SSN was used during his period of military service. 9. He provides a social security card, issued on 13 March 2013, listing his name with the SSN "xx5-2x-xxxx." He also provides various documents to/from the National Personnel Records Center, VA, SSA, and IRS. The SSA currently lists his SSN as it is shown on his 2013 social security card. The SSA records he provides include an earnings record (on which his SSN is not displayed) showing earnings from 1986 through 1988 that would be consistent with a junior enlisted Soldier's pay during that period. REFERENCE: Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. 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: 1. The applicant's enlistment contract is not available for review with this case. However, upon his entry on active duty, his personnel records (DA Form 2A and DA Form 2-1) listed his SSN as "xx9-x0-2103." This SSN is consistent with the SSN recorded throughout his military service record. There is no evidence he used the requested SSN at any time during the period he served on active duty. 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. 3. Absent convincing, independent, and verifiable evidence to the contrary, it is presumed his military service records, including the DD Form 214, were correct when they were created. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953