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Decision Text

ARMY | BCMR | CY2010 | 20100026116
Original file (20100026116.txt) Auto-classification: Denied

		

		BOARD DATE:	  14 April 2011

		DOCKET NUMBER:  AR20100026116 


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 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 SSN is incorrectly shown on his DD Form 214 and that it should reflect "xxx- 1x-x827" instead of "xxx-6x-x726."

3.  The applicant provides:

* a Veterans Services Office letter, dated 23 September 2010
* an Army Review Boards Agency, Support Division letter, dated 21 June 2010
* an Information Paper, dated 2 September 2010
* a self-authored letter, dated 15 July 2010
* his DD Form 214
* a copy of a Social Security Administration Printout, dated 27 May 2010
* 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 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 U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 19 April 1983 for a period of 6 years.  The DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) prepared and authenticated by the applicant with his signature during his enlistment processing contains the same SSN as recorded in item 3 (SSN) of his DD Form 214.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) prepared upon his entry on active duty lists the SSN recorded on his DD Form 4 and DD Form 214, which he now claims is incorrect.

4.  All orders and other documents prepared on the applicant during his military service on file in his Official Military Personnel File (OMPF) list the SSN recorded on his DD Form 4, DA Form 2-1, and DD Form 214.

5.  On 18 April 1986, the applicant was honorably released from active duty under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 4, by reason of expiration of term of service.  The
DD Form 214 he was issued shows he completed 3 years of net active service.  Item 3 (SSN) contains the number he now claims is incorrect.

6.  The applicant provides an SSA printout, dated 27 May 2010, and a copy of his Social Security card.  These documents show he was assigned a completely different SSN from the one listed on all of his military records and in all documents and orders prepared throughout his military service that remain in his OMPF.

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents) 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.  It states for item 3, verify the accuracy with the SSN of record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his SSN is incorrectly listed on his DD Form 214 and military record and should be corrected at this time.

2.  It is clear that the applicant’s active duty service was performed under the SSN he now claims is in error, and that this SSN was the one recorded in the military records prepared on him upon his entry on active duty and throughout his active duty tenure.

3.  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.

4.  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 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 to satisfy his desire to have his correct SSN documented in his OMPF.

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

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)                                         AR20100026116



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ABCMR Record of Proceedings (cont)                                         AR20100026116



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