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Decision Text

ARMY | BCMR | CY2008 | 20080011304
Original file (20080011304.txt) Auto-classification: Denied

		IN THE CASE OF:	

		BOARD DATE:	  30 September 2008

		DOCKET NUMBER:  AR20080011304 


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 his Social Security Account Number (SSAN) be corrected on his separation document, DD Form 214, from **8-**-**** to 
**0-**-****.

2.  The applicant states his SSAN is inaccurate on his DD Form 214, and is probably a typographical error.

3.  The applicant provides his SSAN card showing the number **0-**-**** and his DD Form 214, in support of his 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 enlisted on 20 September 1965, was awarded the military occupational specialty of vehicle driver, and was promoted to pay grade E-4.

3.  He was honorably released from active duty on 19 September 1968 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining military service obligation.  The DD Form 214 he was issued shows the SSAN **8-**-****.

4.  All documents contained in the applicant’s records which reflect an SSAN have **8-**-**** entered.

DISCUSSION AND CONCLUSIONS:

1.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.

2.  In the absence of a showing of material error or injustice, those records should not be changed.

3.  In the applicant's case the records reflect an SSAN which is used consistently throughout his period of active duty.

4.  While the Board understands the applicant's desire to have the records changed, it finds no basis for compromising the integrity of the Army's records.

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

6.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct SSAN, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the SSAN recorded in his military record and to satisfy his desire to have his correct SSAN documented in his OMPF.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  ___X____  ___X___  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.



      _________X_____________
               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)                                         AR20080011304



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20080011304



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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