IN THE CASE OF: BOARD DATE: 26 September 2018 DOCKET NUMBER: AR20170003770 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____X___ ___X____ ___X____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 26 September 2018 DOCKET NUMBER: AR20170003770 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all of Department of the Army records of the individual concerned be corrected by adding the applicant's new social security number to item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any relief in excess of that described above. ___________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: 26 September 2018 DOCKET NUMBER: AR20170003770 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his Social Security Number (SSN) as "" instead of "." 2. The applicant states the Social Security Administration (SSA) issued him a new SSN because he was the victim of identity theft. He needs his SSN corrected to apply for refinancing of his Department of Veterans Affairs Home Loan. 3. The applicant provides copies of his: * old and new SSN cards * Florida Drivers License * Department of Veterans Affairs ID * Report of Confidential Social Security Benefit Information * Police Incident report 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 214 shows he served honorably on active duty from 19 June 1980 through 16 June 1983 and lists his SSN as "." 3. The applicant provided police incident report, dated 15 August 2002. The report shows the applicant filed a police report stating that someone had been using his SSN since 1989 and that the SSA was investigating the matter. 4. He provided a Report of Confidential Social Security Benefits form, dated 8 July 2007, which shows the applicant was issued the new SSN "." This form states: the SSN "" was issued to the Applicant in Puerto Rico IN 1970. Apparently someone is using the SSN and has been working in the United States illegally since 1990. The issue with the person working under the number has been resolved and the Social Security Office has cross referenced both numbers to the applicant. 5. The applicant provided a new social security card, which lists his SSN as "." He also provided copies of his driver license and VA card, neither card reflects an SSN. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers at the time of retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated to ensure that all information entered on the DD Form 214 is accurate. The specific instructions for item 3 stated to verify the accuracy with the SSN of record. 2. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes the separation documents that must be prepared for Soldiers at the time of retirement, discharge, or release from active duty service or control of the Active Army. It establishes a standardized policy for preparing and distributing the DD Form 214. The current instructions state, for block 3 (SSN) Verify accuracy by reviewing initial enlistment contract and/or application for appointment. If the Soldier has had more than one social security number, list the other social security number of record in block 18 (Remarks). DISCUSSION: 1. The Army has an interest in maintaining the integrity of its records for historical purposes. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. 2. The applicant used the SSN "" during the period of his military service. As such, the number listed on his DD Form 214 is not in error. Furthermore, at the time of the applicant's service, the regulatory guidance in effect did not provided for adding a second SSN. 3. However, the SSA recognized the applicant as a victim of identity fraud, and issued him a new SSN after the issuance of his DD Form 214. 4. The regulatory guidance currently in effect states that when a Soldier has more than one SSN, one SSN will be listed in item 3 of the DD Form 214 and the other will be listed in item 18. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170003770 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170003770 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2