BOARD DATE:	  26 April 2011

		DOCKET NUMBER:  AR20100026299 


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 social security number as 
XXX-XX-0299.

2.  The applicant states the social security number shown on his DD Form 214 is his mother's.  He does not know how this happened, but he wants it changed to reflect his social security number.

3.  The applicant provides copies of his DD Form 214 and his social security card.

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 DD Form 4 (Enlistment Contract), dated 28 April 1977, shows he enlisted in the U.S. Army Reserve for 6 years using social security number XXX-XX-2887.  The same document shows in enlisted in the Regular Army on 6 May 1977 for 3 years.

3.  On 28 November 1979, the applicant reenlisted using the same social security number.

4.  A Department of Veterans Affairs Form 29-8286 (Servicemen's Group Life Insurance Election) shows the applicant used the same social security number.

5.  A DA Form 2A (Personnel Qualification Record – Part I), dated 14 February 1985, shows the same social security number.

6.  A DD Form 214 for the period ending 27 December 1985 shows he was discharged using the same social security number.

7.  The applicant provided a social security card showing his social security number as XXX-XX-0299.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his social security number as XXX-XX-0299.

2.  The evidence of record clearly shows the applicant enlisted in the Regular Army, served, and was discharged, all while using a social security number of XXX-XX-2887.

3.  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.

4.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided confirming his current social security number will be filed in his official military personnel file.  This should serve to clarify any questions or confusion regarding his social security number and satisfy his desire to have his current social security number 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 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)                                         AR20100026299



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ABCMR Record of Proceedings (cont)                                         AR20100026299



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