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ARMY | BCMR | CY2007 | 20070018318
Original file (20070018318.txt) Auto-classification: Denied

	IN THE CASE OF:	  

	BOARD DATE:	  8 May 2008

	DOCKET NUMBER:  AR20070018318 


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 that the fourth digit and the sixth through ninth digits of the Social Security Number (SSN) shown in item 4 (Social Security Account Number) on his DA Form 199 (Physical Evaluation Board Proceedings), dated 
8 September 1983, be changed.  

2.  The applicant states that the SSN is incorrect on this form. 

3.  The applicant provides a copy of the DA Form 199 and a document from the Social Security Administration. 

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 enlistment contract, dated 9 September 1982, shows the SSN 
2-- 5- 3---.  He enlisted on 9 September 1982 for a period of 3 years.  On 
13 December 1982, the applicant was released from active duty in the rank of private first class and placed on the Temporary Disability Retired List the following day.  

3.  Item 3 on the applicant’s DD Form 214 shows the SSN 2-- 5- 3---. 

4.  Item 4 on the applicant’s DA Form 199 shows the SSN 2-- 5- 3---.

5.  The applicant’s service personnel records show the SSN 2-- 5- 3---.

6.  In support of his claim, the applicant provided a letter, dated 20 November 2007, from the Social Security Administration which shows his SSN is 2-- 7- 6---.

7.  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.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the same SSN was used at the time of the applicant’s enlistment and his placement on the TDRL.  

2.  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.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___XX___  __XX____  ___XX_  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.


       _        XX       ____
       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.

ABCMR Record of Proceedings (cont)                                         AR20070018318



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20070018318


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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