RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 March 2008
DOCKET NUMBER: AR20070018354
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
Mrs. Nancy L. Amos
Analyst
The following members, a quorum, were present:
Ms. Shirley L. Powell
Chairperson
Ms. Yolanda Maldonado
Member
Mr. Edward E. Montgomery
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 records be corrected to show his correct social security number (SSN).
2. The applicant states that his correct SSN is 4__-7_-4__6, not 4__-7_-4__3.
3. The applicant provides a copy of his Missouri Driver License and a copy of his Social Security card.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Army National Guard on 14 February 1978 under the SSN of 4__-7_-4__3. He was honorably discharged from the Army National Guard on 4 April 1978. His National Guard Bureau Form 22 (Report of Separation and Record of Service) shows his SSN as 4__-7_-4__3.
3. The applicant enlisted in the U. S. Army Reserve (Delayed Entry Program) on 5 April 1978 under the SSN of 4__-7_-4__3. He enlisted in the Regular Army on 31 May 1978.
4. On 20 February 1980, the applicant was released from active duty and transferred to the U. S. Army Reserve Control Group (Annual Training). His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his SSN as 4__-7_-4__3.
5. The applicant was discharged from the U. S. Army Reserve on 4 April 1984. His discharge orders show his SSN as 4__-7_-4__3.
6. All documents in the applicants records, to include his DA Form 73 (Certificate of Clearance and/or Security Determination) and his U. S. Army Reserve and Army National Guard DA Forms 2-1 (Personnel Qualification Record), show his SSN as 4__-7_-4__3.
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 the DD Form 214 is a synopsis of the Soldiers 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. 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. The applicant provided a copy of his Social Security card that shows his SSN to be 4__-7_-4__6; however, it is not known when he was issued this SSN. In any case, he appropriately served on and was released from military service with the SSN of 4__-7_-4__3. While his desire to have the records changed is understandable he has provided no basis for compromising the integrity of the Armys records. This Board action will be filed in his military records so a record of the SSN he currently uses will be on hand.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__slp___ __ym____ __eem___ 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.
__Shirley L. Powell___
CHAIRPERSON
INDEX
CASE ID
AR
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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