ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 7 June 2019 DOCKET NUMBER: AR20190004684 APPLICANT REQUESTS: correction of his records to show his new social security number (SSN), ending in . APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 23 February 1995 * Social Security Office (Augusta, GA) Letter, undated * U. S. Department of Veterans Affairs Identification Card * Texas Driver's License * Social Security Card FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he was a victim of identity theft and he had to change his SSN. 3. A review of his records shows the applicant enlisted in the Regular Army on 23 May 1989. 4. His DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the Unites States), shows his SSN as ending in "." This the only SSN listed in his military records. 5. He was honorably released from active duty on 23 February 1995. Item 3 (SSN) of his DD Form 214 shows his SSN as ending in "." 6. The applicant provides an undated letter from the Social Security office in Augusta, GA. The letter, written by the claims representative states, another person was using the applicant's SSN and they were working to resolve the issue. This document contains handwritten entries listing both the old and the new SSN. It is unclear whether the applicant or the claims representative made the handwritten entries and there is no documentation from the Social Security Administration showing he was issued a new SSN. 7. In addition, he provides two forms of picture identification and his social security card ending in "." 8. Army Regulation 635-8 (Separation Processing and Documents), the regulation currently in effect, states, 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). BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board discussed the SSN used during the applicant’s service, his statement regarding identity theft, the letter from the SSA and the new SSN card. The Board determined, by preponderance of evidence, that the old SSN may impact access to benefits and therefore the applicant’s record should be corrected. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted.? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing the applicant a DD Form 214 for the period of service ending 23 February 1999 as follows: Item 3 – show the SSN on his Social Security Card Item 18 – show the SSN under which he served. 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. ADMINISTRATIVE NOTE(S): Not Applicable ? REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-8 (Separation Processing and Documents), the regulation currently in effect, states, 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). ABCMR Record of Proceedings (cont) AR20190004684 2 1