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ARMY | BCMR | CY2007 | 20070005713
Original file (20070005713.txt) Auto-classification: Denied


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 November 2007
	DOCKET NUMBER:  AR20070005713 


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


Ms. Catherine C. Mitrano

Director

Ms. Antoinette Farley

Analyst

The following members, a quorum, were present:


Mr. James E. Anderholm 

Chairperson

Mr. Lester Echols

Member

Mr. Jeffrey C. Redmann

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his Social Security (SSN) be corrected in his military service records.

2.  The applicant states that his SSN on his separation document should read xxx-84-xxxx instead of xxx-24-xxxx.

3.  The applicant provides a copy of an unsigned Social Security Card with a SSN of xxx-84-xxxx in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 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.  The applicant's record shows he was inducted into the Army on 5 August 1969.  He completed basic training and advanced individual training and was awarded military occupational specialty 91B20 (Medical Specialist).  Upon completion of his training, he was assigned to the 543rd Medical Dispensary from 23 March 1970 through 20 March 1971, in Korea.  The highest rank he attained while serving on active duty was specialist four/pay grade E-4.  

3.  The applicant's DD Form 214 shows that, on 21 March 1971, he was honorably separated from active duty, as an early overseas returnee and transferred to the United States Army Reserve Control Group (Reinforcement) to complete his service obligation.  

4.  The applicant's DD Form 214, Item 3 (Social Security Number) shows his SSN as xxx-24-xxxx.

5.  Item 1 (Name and Service Number) of the applicant's DA Form 20 (Enlisted Qualification Record) which covers the period from 5 August 1969 through 
21 March 1971 shows his SSN as xxx-24-xxxx.

6.  The applicant's records contain a DD Form 47 (Record of Induction), dated 
30 April 1969 shows his SSN as xxx-24-xxxx.

7.  The applicant's records contain DA Form 2496 (Disposition Form), dated 
10 September 1969 documented his request for Classification as a Conscientious Objector.  This request shows the applicant’s SSN as xxx-24-xxxx and the applicant signed the request.  

8.  There is no evidence in the available records which shows the applicant's SSN as xxx-84-xxxx.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his correct SSN is xxx-84-xxxx instead of 
xxx-24-xxxx.

2.  The available records show that during the applicant's period of military service he continuously used the SSN of xxx-24-xxxx; this is verified by his signature.  

3.  The applicant’s desire to have his records changed is understood, however, the Army has an interest in maintaining the accuracy of its records for historical purposes. The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.  

4.  The applicant has failed to establish a basis for compromising the integrity of the Army's records.  However, the Record of Proceedings will be filed in the applicant's military records; therefore, a record of the additional SSN issued by the Social Security Administration will be on hand.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___JEA  _  __LE  ___  __JCR __  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




_____James E. Anderholm___
          CHAIRPERSON




INDEX

CASE ID
AR20070005713
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.


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