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Decision Text

ARMY | BCMR | CY2009 | 20090001422
Original file (20090001422.txt) Auto-classification: Denied
DOCKET NUMBER:  AR20090001422 


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, in effect, correction of the social security number shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that the seventh digit of his social security number is a "9" and not an "8" as shown on his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and his social security card 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's military records contain a DD Form 398 (Statement of Personnel History), dated 25 March 1968.  The statement, which the applicant completed and signed, shows the same social security number as shown on his DD Form 214.

3.  The applicant's military records show he was inducted into the Army of the United States in pay grade E-1 on 26 March 1968.  His military records, item 1 (Name and Service Number) of his DA Form 20 (Enlisted Qualification Record), and item 3 (Social Security Number) of his DD Form 214 show the social security number that was used at his induction and during his service in the Army.

4.  The applicant was honorably released from active duty in pay grade E-4 on 13 March 1970 under the early separation program and was transferred to the U.S. Army Reserve Control Group (Annual Training).

5.  The applicant provided a copy of his social security card that was issued on 23 October 2008.  This card shows the seventh digit of his social security number as a "9."

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

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant's social security number used at the time of his induction and at the time of his release from active duty are the same number as that shown on his DD Form 214.

2.  The copy of the social security card submitted by the applicant shows this card was issued after his release from active duty.  The social security number shown with the seventh digit as an "8" was recognized by the Army and he served with that social security number.

3.  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.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The data contained in those records should 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, the Board is reluctant to recommend that those records be changed.

4.  A copy of this decisional document along with his application and enclosures will be filed in the applicant's official military personnel file for reference purposes.

5.  In the absence of evidence showing error or injustice, it has been determined the applicant’s DD Form 214 is not in need of correction.

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)                                         AR20090001422



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ABCMR Record of Proceedings (cont)                                         AR20090001422



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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