IN THE CASE OF:

		BOARD DATE:  7 May 2021

		DOCKET NUMBER:  AR20210005860


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or
Discharge from Active Duty) to reflect his social security number (SSN) as reflected on
his Social Security Report of Confidential Social Security Benefit Information


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Social Security Administration Report of Confidential Social Security Benefit
Information, dated 25 July 2003

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, United 
States Code, section 1552(b); however, the Army Board for Correction of Military 
Records (ABCMR) conducted a substantive review of this case and determined it is in 
the interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states his father used his old SSN to commit fraud.  His old SSN, the 
one his father used to commit fraud, is the SSN he used while serving in the Army.  He 
lists what his prior SSN was.  He wishes to update his records to reflect his new SSN.  
He has provided a letter from the Social Security Administration explaining the change 
to his SSN.

3.  The applicant enlisted in the Regular Army on 9 November 1993.  His DD Form 4 
(Enlistment/Reenlistment Document – Armed Forces of the United States) as well as his 
DA Form 2-1 (Personnel Qualification Record – Part II) both reflect his old SSN.

4.  The applicant was honorably released from active duty on 13 January 1997, due to 
completion of required active service.  He was credited with 3 years of net active service 
and transferred to the U.S Army Control Group (Reinforcement).  Item 3 (SSN) on his 
DD Form 214 (Certificate of Release or Discharge from Active Duty) reflects the 
applicant’s old SSN.

5.  The applicant enlisted in the Army National Guard (ARNG) on 12 November 1998 
and on 8 November 2001 was discharged from the ARNG after 2 years, 11 months, and 
27 days under other than honorable conditions.  His National Guard Bureau (NGB) 
Form 22 (Report of Separation and Record of Service) reflects his old SSN in item 3 
(SSN).

6.  The applicant’s ARNG Retirement Points History Statement, dated 20 February 
2002, likewise reflects his old SSN.  

7.  A Social Security Administration Report of Confidential Social Security Benefit 
Information, dated 25 July 2003, shows the applicant was issued a new SSN because 
his father committed fraud with his old SSN.  This document lists the new SSN.

8.  There are no documents in the applicant’s available service records reflecting his 
new SSN as documented on his Report of Confidential Social Security Benefit 
Information.

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was warranted.  The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered.  
The Army has an interest in maintaining the integrity of its records for historical 
purposes.  The information in those records must reflect the conditions and 
circumstances that existed at the time the records were created.  In the absence of 
evidence that shows a material error or injustice, there is a reluctance to recommend 
that those records be changed.  However, based upon the fraud that occurred, the 
Board agreed to grant relief to show the reissued SSN to prevent further concerns with 
his identity.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by amending his DD Form 
214 for the period ending 13 January 1997, and NGB Form 22 for the period ending 
8 November 2001 by showing the SSN listed on his social security card.


		  
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.

REFERENCES:

1.  Title 10, United States 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 ABCMR to excuse an applicant's 
failure to timely file within the 3-year statute of limitations if the Army Board for 
Correction of Military Records (ABCMR) determines it would be in the interest of justice 
to do so.

2.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the 
separation documents that must be prepared for Soldiers at the time of retirement, 
discharge, or release from active duty service or control of the Active Army, including 
establishing standardized policy for preparing and distributing the DD Form 214 
(Certificate of Release or Discharge from Active Duty).  The general instructions stated 
all available records would be used as a basis for preparation of the DD Form 214.  The 
specific instructions for completion of item 3 (Social Security Number (SSN)) state to 
enter the SSN and verify accuracy of the SSN with item 3 of the DA Form 2A 
(Personnel Qualification Record) for enlisted Soldiers.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210005860


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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