BOARD DATE: 22 August 2017 DOCKET NUMBER: AR20160002664 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 BOARD DATE: 22 August 2017 DOCKET NUMBER: AR20160002664 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. BOARD DATE: 22 August 2017 DOCKET NUMBER: AR20160002664 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 military record to show his correct social security number (SSN). 2. He states his active duty service was performed under the wrong SSN. He discovered the problem while filing his income taxes in 1979. He reported the problem to his unit and was told the matter would be looked into. A few weeks later, he inquired about the correction of his SSN and he was informed the matter was still being looked into. He repeatedly requested the correction of his SSN at follow-on assignments, during periods of reenlistments, and while out-processing from the Army, to no avail. He refused to report to the Primary Leadership Development Course until his SSN was corrected. He was no longer eligible for reenlistment, so he chose to leave. Upon outprocessing, he asked for the problem to be fixed and was told nothing could be done. It wasn't until his son's prompting that he talked to the Department of Veterans Affairs and was advised to submit an application to this Board. 3. He provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * self-authored statement * 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/Reenlistment Document – Armed Forces of the United States) shows he initially enlisted in the United States Army Reserve on 29 August 1979 and entered active duty in the Regular Army on 12 September 1979. His DD Form 4 lists his SSN as XXX-XX-XX49. 3. The DA Form 2-1 (Personnel Qualification Record) prepared upon his entry on active duty lists his SSN as XXX-XX-XX49. He reenlisted in the RA on 30 March 1982 and 28 March 1985. Both DD Forms 4 that were prepared at the time list SSN XXX-XX-XX49. 4. All documents in his service record containing an SSN show SSN XXX-XX-XX49. The applicant signed many of these documents. 5. On 28 April 1988, he was honorably discharged, having completed 9 years, 7 months, and 17 days of creditable active service. Item 3 (SSN) of his DD Form 214 shows SSN XXX-XX-XX49. 6. He provides a copy of his social security card, which shows his SSN as XXX-XX-XX47. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, states the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. The applicant used SSN XXX-XX-XX49 throughout his period of active service. There is no evidence that he used the SSN shown on his social security card during his period of active service. 2. For historical purposes, the Army has an interest in maintaining the integrity 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 showing a material error or injustice, there is a reluctance to recommend a changing those records. 3. The Army Review Boards Agency will file a copy of this decisional document in his official military personnel file (OMPF). This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military record and the SSN recorded on his social security card. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002664 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002664 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2