IN THE CASE OF: BOARD DATE: 1 October 2009 DOCKET NUMBER: AR20090005951 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 social security number (SSN) on all of his military records. 2. The applicant states, in effect, he mistakenly used his sister's social security number (xxx-xx-x) in lieu of the correct social security number (xxx-xx-x) for himself. He further states it was a simple processing error that had been overlooked by all parties involved. 3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), a notarized copy of his sister's Social Security Card bearing the number xxx-xx-x with comments by his sister, and a notarized copy of his Social Security Card bearing the number xxx-xx-x. 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 enlisted in 1984 using SSN xxx-x-x. His enlistment documents include those completed in his own hand that lists his SSN as the SSN he now claims is incorrect. He used that SSN his entire military career and he was separated in pay grade E-5 in 1991. 3. His records contain a DA Form 3434 (Notification of Personnel Action (Nonappropriated Funds Employee)), dated 4 January 1993, that contains the statement "Employee has a new social security number which is now xxx-xx-x." DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his DD Form 214 incorrectly shows his social security number as xxx-xx-x." 2. There is no evidence that suggests the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the SSN under which he served. For historical purposes, the Army has an interest in maintaining the accuracy 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, this Board is reluctant to recommend that those records be changed. While it is understandable the applicant desires to now record his correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date. 3. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct SSN, will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have his correct SSN documented in his OMPF. 4. In view of the above, there is no basis for granting the applicant's requested relief. 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) AR20090005951 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090005951 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1