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ARMY | BCMR | CY2011 | 20110004746
Original file (20110004746.txt) Auto-classification: Denied

		
		BOARD DATE:	  15 September 2011

		DOCKET NUMBER:  AR20110004746 


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 (Report of Separation from Active Duty) to show his social security number (SSN) as xxx-xx-1447 instead of xxx-xx-7664.

2.  The applicant states a typographical error caused the incorrect SSN on his DD Form 214.

3.  The applicant provides:

* his Social Security card issued on 16 December 2009
* his DD Form 214

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 record contains a DD Form 398 (Statement of Personal History), dated 25 March 1975, that he completed during his enlistment processing.  Item 13 (Employment) contains a block for his SSN which he completed by entering his SSN as xxx-xx-7664.

3.  Item 1 (Service Number/SSN) of the DD Form 4 (Enlistment Contract - Armed Forces of the United States) that was prepared during his enlistment processing shows his SSN as xxx-xx-7664.  He subsequently enlisted in the Regular Army on 11 June 1975 for a period of 3 years.

4.  Item 2 (SSN) of his DA Form 2-1 (Personnel Qualification Record) prepared upon his entry on active duty records his SSN as xxx-xx-7664.

5.  His record contains an Armed Forces fingerprint card, dated 13 June 1975.  This card shows the applicant's SSN as xxx-xx-7664 and contains his signature.

6.  All but one document on file in the applicant's Official Military Personnel File (OMPF) list his SSN as xxx-xx-7664 and, when required, he authenticated each of the documents with his signature.  The only document in his MPRJ that shows his SSN as xxx-xx-1447 is a DA Form 41 (Record of Emergency Data), dated 
17 December 1975.

7.  On 2 June 1976, the applicant was honorably discharged from active duty service after completing 11 months and 22 days of total active service.  Item 3 of his DD Form 214 shows his SSN as xxx-xx-7664.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should list his correct SSN.

2.  Although the applicant's OMPF includes a single document listing the SSN he now claims is correct, it is clear his active duty service was performed under the SSN of xxx-xx-7664.  This is the SSN he used and recorded when required during his enlistment processing and it was the one recorded in his military record 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.

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)                                         AR20110004746



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ABCMR Record of Proceedings (cont)                                         AR20110004746



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