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ARMY | BCMR | CY2001 | 2001066167C070421
Original file (2001066167C070421.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 13 June 2002
         DOCKET NUMBER: AR2001066167

         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
Ms. Nancy L. Amos Analyst


The following members, a quorum, were present:

Ms. Celia L. Adolphi Chairperson
Ms. Barbara J. Ellis Member
Mr. Donald P. Hupman, 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: That her records be corrected to show her new social security number (SSN).

APPLICANT STATES: That her automobile was broken into in 1997, her personal belongings were stolen, and crimes were committed under her old SSN. She is currently in the Individual Ready Reserve and has decided to return to the Active Reserve. She will need to include her military history under her new SSN. Supporting evidence is as listed on the DD Form 149.

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

She enlisted in the Regular Army on 30 January 1996 under the SSN 108-__-___. She was released from active duty on 30 March 1997 under the provisions of Army Regulation 635-200, chapter 8 for pregnancy. Her Certificate of Release or Discharge from Active Duty, DD Form 214, shows her SSN as 108-__-____.

On or about 29 June 1997, the applicant’s car was broken into and a number of her personal possessions, including her checkbook, were stolen. In August 1997, she filed an additional report with the local sheriff’s department to report that apparently someone was using her SSN to run up large bills in her name.

The applicant provides two letters, dated 26 May 1998 and 26 October 2001, from the Social Security Administration which verify that agency assigned her a new SSN, 238-__-____, in October 1997.

Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

The Board, which operates under the procedures set forth in Army Regulation 15-185, provides that it will not consider any application until the applicant has first exhausted all other administrative remedies available.

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. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.

2. Although the applicant had her SSN changed in 1997, she appropriately served on and was released from active duty under the SSN 108-__-____. While the Board understands her desire to have the records changed, it finds no basis for compromising the integrity of the Army’s records. This Board action will be filed in her military records so a record of her new SSN will be on hand.

3. In addition, the applicant is still in the Individual Ready Reserve. She has the remedy of submitting a request to the U. S. Army Reserve Personnel Command (AR-PERSCOM) and requesting they update her current U. S. Army Reserve records to reflect her change in SSN. She should address her request to the Commander, AR-PERSCOM, ATTN: ARPC-PSR-D, 1 Reserve Way, St. Louis, MO 63132-5200. She should send a copy of her new SSN card and the 26 May 1998 and 26 October 2001 Social Security Administration letters with her request. Any recruiting officials she contacts should be made aware of her SSN history.

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

__CLA__ __BJE__ __DPH___ DENY APPLICATION



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




INDEX

CASE ID AR2001066167
SUFFIX
RECON
DATE BOARDED 2002/06/13
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 100.09
2.
3.
4.
5.
6.



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