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ARMY | BCMR | CY2001 | 2001062288C070421
Original file (2001062288C070421.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 8 January 2002
         DOCKET NUMBER: AR2001062288

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. William Blakely Analyst


The following members, a quorum, were present:

Mr. Luther L. Santiful Chairperson
Mr. Roger Able Member
Mr. Terry L. Placek Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: In effect, that his military records be changed to show his correct social security number (SSN) and date of birth (DOB).

APPLICANT STATES: In effect, that the SSN and DOB listed on his separation document (DD Form 214) are incorrect. He further states that his SSN was changed in Miami, Florida, while he was attending high school. In support of his application, he submits a document extract containing his social security account information that includes his SSN.

EVIDENCE OF RECORD: The applicant's military records show:

On 13 February 1974, he was honorably discharged after completing a total of
6 months and 12 days of active military service. He was separated under the provisions of Army Regulation 635-200, paragraph 13-5b(3), by reason of unsuitability.

The DD Form 214 issued to and authenticated by him with his signature on the date of his separation, 13 February 1974, confirms that he held the rank of private/E-1 at that time. In addition, the SSN and DOB entered in this separation document are consistent with those documented in his enlistment contract, the service record created upon his enlistment, and in the records and documents prepared and published throughout his tenure on active duty.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The applicant provides no evidence that suggests the SSN and DOB recorded in his military records was in error at the time. Further, he offers no explanation from the Social Security Administration as to when and why his SSN was changed subsequent to his discharge and why it is different from the one recorded in his military records.

2. In addition, the applicant is advised that in order to correct the DOB contained in his military records, the Board must be provided an original certified true copy of his birth certificate with an unaltered raised seal that confirms the correct DOB.

3. The Army has an interest in maintaining the accuracy 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 this case, the applicant acknowledged that the SSN listed in his records was the one under which he served and further he has failed to provide sufficient evidence to support changing his DOB. Consequently, the Board finds insufficient evidence to support granting the requested relief.

4. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

___LLS__ __RA___ __TLP___ DENY APPLICATION




                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2001062288
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/01/08
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 100.0900
2.
3.
4.
5.
6.



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