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ARMY | BCMR | CY2008 | 20080001174
Original file (20080001174.txt) Auto-classification: Denied

	IN THE CASE OF:	  

	BOARD DATE:	  01 July 2008

	DOCKET NUMBER:  AR20080001174 


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 social security number (SSN) reflected throughout his official military record be changed.

2.  The applicant states, in effect, that he was informed by the Social Security Administration that the SSN he used at the time of his enlistment in the Army is incorrect.

3.  The applicant provides in support of his application, a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); a copy of his 
DD Form 215 (Correction to the DD Form 214); and a printout from the Social Security Administration, dated 27 December 2007, verifying his SSN.

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.  On 31 August 1977, the applicant enlisted in the United States Army Reserve in Columbia, South Carolina, for 6 years, in the pay grade of E-1.  He enlisted in the Regular Army for 3 years on 5 January 1978.  At the time of both of his periods of enlistment, he used the SSN that he now contends is incorrect. 

3.   He reenlisted in the Army on 15 November 1980 and he continued to use the same SSN as he used in his prior enlistment and that same SSN appears on every document contained in his official military record.

4.  After completing 6 years, 3 months and 10 days of net active service, the applicant was honorably discharged on 26 May 1984, at the expiration of his term of service.  The DD Form 214 that he was furnished at the time of his discharge reflects the same SSN that he used at the time of his enlistments and throughout his Army service.

5.  On 14 November 1984, a DD Form 215 was prepared for the applicant correcting the spelling of his name on his DD Form 214.  The DD Form 215 also reflects the same SSN that he used throughout his Army service and now contends is incorrect.

6.  The SSN Verification printout that the applicant submits in support of his application from the Social Security Administration indicates that a completely different SSN is assigned to the applicant.  This SSN is totally different from the SSN that he used throughout his Army service.

7.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The SSN that the applicant used at the time of his enlistments and throughout his Army service are the same.  The SSN reflected on his DD Form 214 and his DD Form 215 both match the SSN reflected in his service record.

2.  Although he has submitted a printout from the Social Security Administration that shows he is assigned a different SSN, the applicant has provided no explanation how such an error could have occurred.

3.  The Army has an interest in maintaining its service records to show an individual’s service as it existed while he served in the Army, and at the time that the applicant served in the Army, he served under the same SSN that is reflected throughout his service record.  Inasmuch as the applicant served his entire Army service under that same SSN his records are correct as currently reflected.

4.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.  However, a copy of these proceedings and the SSN Verification printout from the Social Security Administration will be included in his service record for future reference.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   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.




      ___        XXX                ___
                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)                                         AR20080001174



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ABCMR Record of Proceedings (cont)                                         AR20080001174



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