AR20150009933

IN THE CASE OF:

BOARD DATE: 14 April 2016

DOCKET NUMBER: AR20150009933

BOARD VOTE:

_________ _______ ________ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

____X___ ____X___ ____X___ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

IN THE CASE OF:

BOARD DATE: 14 April 2016

DOCKET NUMBER: AR20150009933

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: 14 April 2016

DOCKET NUMBER: AR20150009933

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 DDForm214 (Certificate of Release or Discharge from Active Duty) for the period ending 14January 1984 and his records to show his new social security number (SSN) XXX-XX-7659 issued on 26April 2001.

2. The applicant states:

* he was issued a new SSN due to identity theft
* his records need to be updated so he can use his veterans’ benefits
* he is not allowed to use his original SSN and he wants to obtain his Department of Veterans Affairs Certificate of Eligibility to purchase a home and to use his burial benefits when the time arises

3. The applicant provides:

* DDForm214
* Social Security Administration Form2458 (Report of Confidential Social Security Benefit Information)

CONSIDERATION OF EVIDENCE:

1. Title10, U.S.Code, section1552(b), provides that applications for correction of military records must be filed within 3years 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. Having prior honorable service in the U.S.Marine Corps, the applicant enlisted in the Regular Army on 15January 1981 under SSN XXX-XX-8768.

3. On 14January 1984, he was honorably released from active duty. Item3 (SSN) of his DDForm214 for the period ending 14January 1984 shows his SSN as XXX-XX-8768.

4. A review of his records shows the SSN XXX-XX-8768 was consistently used throughout his service.

5. He provided a Social Security Administration Form2458, dated 26April 2001, showing the District Social Security Administration Office in Lubbock, TX, determined someone else was using his SSN. This form also shows he was issued the new SSN XXX-XX-7659. He did not provide a copy of his social security card showing his new SSN.

REFERENCES:

Army Regulation635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DDForm214. The purpose of the separation document is to provide an individual with documentary evidence of his or her military service. It is important that information entered on the form is complete and accurate. The instructions for item3 of the DDForm214 stated to verify accuracy with the SSN of record.

DISCUSSION:

1. The applicant’s request for correction of his records, including his DDForm214 for the period ending 14January 1984, to show his SSN as
XXX-XX-7659 was carefully considered.

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.

3. While it is understandable that the applicant desires to record his new SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records. Absent other Army records to the contrary, it is presumed that the applicant’s military service records, including his DDForm214, were correct at the time of preparation.

4. A copy of this decisional document 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 the newly-issued SSN shown on his Social Security Administration Form2458.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) @#!CASENUMBER

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20150009933

3

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2