BOARD DATE: 10 January 2012 DOCKET NUMBER: AR20110013840 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 (SSN) as "XXX-XX-" instead of "XXX-XX-." 2. The applicant states he was a victim of identity theft; consequently, he had to change his SSN. 3. The applicant provides: * a letter from the State of North Carolina Department of Administration, dated 29 March 2011 * Social Security Administration (SSA) Form SSA-2458 (Report of Confidential Social Security Benefit Information) * DD Form 214 * National Guard Bureau Form 22 (Report of Separation and Record of Service) 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 the New York Army National Guard (NYARNG) on 20 November 1979. 3. On 9 January 1980, he entered initial active duty for training (IADT) and was released from IADT on 24 April 1980. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-." 4. On 19 November 1986, he was honorably discharged from the NYARNG. 5. All documents in his available record show his SSN as "XXX-XX-." When required by the form, he authenticated these documents by placing his signature where necessary. 6. He provides a Form SSA-2458 which shows his SSN was changed by the SSA on 1 December 2010 after his identity was stolen. 7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation. DISCUSSION AND CONCLUSIONS: 1. The applicant requests correction of his DD Form 214 to show his SSN as "XXX-XX-" instead of "XXX-XX-." 2. The evidence of record shows the applicant enlisted in the NYARNG on 20 November 1979 using SSN "XXX-XX-." He consistently used this SSN throughout his entire period of military service. When required by the document, he authenticated it by placing his signature in the appropriate blocks indicating this was his correct SSN. He did not use the requested SSN during his service. His social security number was changed in 2010 after his identity was stolen. 3. 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. There is a reluctance to recommend that those records be changed. While it is understandable that the applicant desires to now record his current SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records. 4. Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, were correct at the time. 5. Nevertheless, a copy of this decisional document will be filed in his service record in order to provide clarity and to deal with any confusion that may arise regarding the difference in the SSN he currently holds. Filing the Board's decisional document will also guarantee the historical consistency of the applicant's military record regarding the SSN under which he served. 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) AR20100016493 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110013840 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1