IN THE CASE OF: BOARD DATE: 28 February 2017 DOCKET NUMBER: AR20160000572 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: 28 February 2017 DOCKET NUMBER: AR20160000572 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. IN THE CASE OF: BOARD DATE: 28 February 2017 DOCKET NUMBER: AR20160000572 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 records to show his social security number (SSN) as "XXX-XX-XX3X" instead of "XXX-XX-XX5X." 2. The applicant states the SSN on file with the Army is wrong. This prevents him from applying for the Department of Veterans Affairs (VA) Health Insurance in order to be in compliance with the Affordable Care Act (ACA). 3. The applicant provides copies of his: * social security card, issued 16 November 2007 * State of Texas, Certification of Vital Record, issued 26 November 2007 * State of Texas Driver License, issued 2 January 2015 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 Regular Army on 11 September 1980. His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows he identified his SSN as "XXX-XX-XX5X" on his enlistment contract, the SSN he now contends is incorrect. 3. A DD Form 93 (Record of Emergency Data) in the applicant's record shows he used the SSN "XXX-XX-XX5X." He signed and dated the DD Form 93 on 11 September 1980, and verified the correctness of the form on two occasions, 21 May 1981 and 25 January 1982. 4. A DA Form 428 (Application for Identification Card), contained within the applicant's record, shows he wrote the contested SSN of "XXX-XX-XX5X" in his own handwriting when applying for the identification card. He signed and dated the application on 14 May 1981. 5. The applicant was discharged from the Army on 25 June 1982. His DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 25 June 1982, shows his SSN as "XXX-XX-XX5X." He authenticated block 21 (Signature of Member Being Separated) with his signature, thereby acknowledging the correctness of the data contained therein. 6. The applicant's record does not contain evidence that the contested SSN, "XXX-XX-XX3X," was ever used. 7. The applicant provides a social security card, issued 16 November 2007, containing his name and the SSN "XXX-XX-XX3X." He also provides a birth certificate and driver license, which were issued in the same name that appears on the social security card. REFERENCES: Army Regulation 635-5 (Separations Documents), in effect at the time of the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. 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 was issued a social security card on 16 November 2007, which shows the SSN of "XXX-XX-XX3X" instead of "XXX-XX-XX5X." 2. It appears the applicant assumed his SSN was "XXX-XX-XX5X" until he noticed a different number used on his social security card. His record shows he used the SSN of "XXX-XX-XX5X" during his entire period of service. 3. For historical purposes, the Army has an interest in maintaining the accuracy of its records. In this regard, 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. 4. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military records and satisfy his desire to have his SSN, as shown on his social security card, documented in his military records. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014642 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000572 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2