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ARMY | BCMR | CY2010 | 20100021275
Original file (20100021275.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  22 February 2011

		DOCKET NUMBER:  AR20100021275 


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 his DD Form 214 (Certificate of Release or Discharge from Active duty) to show his correct social security number (SSN). 

2.  The applicant states his record shows his SSN as xxx-xx-x865, but his actual SSN is xxx-xx-x729.  This discrepancy prevents him from applying for employment as a veteran.

3.  The applicant provides his DD Form 214 and a Form SSA-2458 (Report of Confidential Social Security Benefit Information).

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 in the Regular Army on 26 July 1983 for a period of 4 years.  He was discharged on 9 June 1987 after completing 3 years,
11 months, and 14 days of creditable active service.

3.  The DD Form 4 (Enlistment/ Reenlistment Document) executed at the time of his enlistment shows his SSN as xxx-xx-x865.

4.  Item 2 (SSN) of his DA Form 2-1 (Personnel Qualification Record) shows the entry xxx-xx-x865.

5.  Item 3 (SSN) of his DD Form 214 shows xxx-xx-x865.

6.  A review of his Official Military Personnel File (OMPF) shows he used SSN xxx-xx-x865 throughout his military service.  It also shows that those documents requiring his signature and containing his SSN shows the SSN he now claims is incorrect.

7.  The Form SSA-2458 he provides shows his SSN as xxx-xx-x729.  This form includes a statement that indicates he has never had another SSN.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The version of the regulation in effect at the time stated for item 3 to verify accuracy with the SSN of record.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant entered active service using the SSN of xxx-xx-x865.  He served almost 4 years using that SSN.  Additionally, throughout his military service he signed official documents containing the SSN xxx-xx-x865 that he now claims is incorrect.  Therefore, there is no basis for granting the applicant's requested relief.

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 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, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record his correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.


3.  The applicant is advised that a copy of this decisional document along with her application and the supporting evidence he provided, which confirms his SSN, will be filed in his OMPF.  This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and satisfies his desire to have his correct SSN documented in his military record.

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)                                         AR20100021275



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20100021275



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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