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Decision Text

ARMY | BCMR | CY2001 | 2001064551C070421
Original file (2001064551C070421.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 19 March 2002
         DOCKET NUMBER: AR2001064551

         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:

Ms. Shirley L. Powell Chairperson
Mr. Stanley Kelley Member
Mr. Elzey J. Arledge, Jr. 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).

APPLICANT STATES: In effect, that the SSN listed in his separation document (DD Form 214) is incorrect and that the Army assigned him a SSN during his enlistment. In support of his application, he submits a copy of his SSN card and a copy of DD Form 214.

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

He enlisted in the Army on 25 November 1970. The enlistment contract and other documents prepared on the applicant during his enlistment processing is consistent with the one recorded in his service record and in orders and documents prepared on him throughout his tenure on active duty.

The applicant’s record shows that he was trained and served in military occupation specialty (MOS) 11B (Infantryman) and that the highest rank he attained while serving on active duty was private first class/E-3 (PFC/E-3). It also shows that he served in the Republic of Vietnam (RVN) from 19 September
1971 through 11 May 1972.

On 31 May 1972, the applicant was separated with a general, under honorable conditions discharge. The DD Form 214 issued to and authenticated by the applicant on the date of his separation confirms that he completed a total of
1 year, 4 months, and 29 days of creditable active military service and that he accrued 38 days of time lost.

The SSN recorded in the applicant’s separation document is consistent with the one entered in his enlistment contract, the service record created upon his enlistment, and in the orders 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 evidence of record confirms that the SSN listed in the applicant’s enlistment contract, the records created upon his enlistment, and the records and documents published and maintained throughout his active duty tenure is consistent with the one recorded in the DD Form 214 issued to him upon his separation.


2. The Army has an interest in maintaining the accuracy of its records and the information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In this case, the SSN recorded in the applicant’s enlistment contract, the military records created upon his enlistment in the Army, and in all documents published during his active duty tenure in the Army is consistent.

3. Consequently, lacking independent verification from the Social Security Administration that confirms that the SSN recorded in the applicant’s Army records was in error at the time it was used, the Board finds no error in the existing Army military records and no basis for changing it at this time.

4. Finally, the applicant is advised that for clarity purposes, this decisional document along with the supporting material will be filed in his Official Military Personnel File (OMPF). This should serve to prevent any confusion created by the difference in his current SSN and the SSN under which his military service was performed.

5. 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

__SLP__ __SK __ __EJA___ DENY APPLICATION




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




INDEX

CASE ID AR2001064551
SUFFIX
RECON 2002/03/19
DATE BOARDED YYYYMMDD
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. 100.00
2.
3.
4.
5.
6.



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