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ARMY | BCMR | CY2011 | 20110003880
Original file (20110003880.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  19 October 2011

		DOCKET NUMBER:  AR20110003880 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as "XXX-X2-4295."

2.  The applicant states his SSN is typed incorrectly.

3.  The applicant provides a document from the Social Security Administration confirming 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.  The applicant's military records show he was inducted into the Army of the United States on 10 August 1967, was awarded the military occupational specialty of water supply specialist, served in Vietnam, and was promoted to pay grade E-4.  He was honorably released from active duty on 13 May 1969.

3.  At the time of the applicant's induction, he did not have an SSN.  It was annotated on his records that the applicant applied for an SSN when he enlisted.

4.  Of the limited documents contained in the applicant's records which reflect an SSN, his SSN was shown as follows:

"XXX-X8-9705" - Unit Orders Number 68, dated 4 September 1968
"XXX-X8-2857" - computer punch card, dated 1 June 1969
"XXX-X8-2857" - Special Orders Number 93, dated 13 May 1969
"XXX-X8-2857" - Letter Orders Number 07-1195244, dated 18 July 1973
"XXX-X8-2857" - DD Form 214

5.  The social security card provided by the applicant shows his SSN as 
"XXX-X2-4295."  The correspondence from SSA verifies this as his correct SSN.

DISCUSSION AND CONCLUSIONS:

1.  Other than one order which has an SSN totally different than either the SSN found on other documents in the applicant's records or the SSN reflected on his social security card, he most consistently used the SSN "XXX-X8-2857" throughout his military service.

2.  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.

3.  In the applicant's case the records reflect the SSN under which his military service was performed.  In the absence of a showing of material error or injustice, those records should not be changed.

4.  While the applicant's desire to have the records changed is understandable, there is no basis for compromising the integrity of the Army's records.  In view of the forgoing, there is no basis for granting the applicant's request.


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 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)                                         AR20110003880



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ABCMR Record of Proceedings (cont)                                         AR20110003880



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