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ARMY | BCMR | CY2011 | 20110006336
Original file (20110006336.txt) Auto-classification: Denied

		

		BOARD DATE:	29 September 2011  

		DOCKET NUMBER:  AR20110006336 


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 that the Social Security Number (SSN) depicted on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed to reflect the new SSN ending in “8312.”  

2.  The applicant states he was issued the above SSN by the Social Security Administration in 1969 because someone else in Chicago had the SSN ending in "4904."  Accordingly, he desires that his DD Form 214 be corrected to reflect his new SSN.

3.  The applicant provides copies of his DD Form 214 and 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.  On 24 June 1965, the applicant was inducted into the Army in Buffalo, New York and issued a service number.  His SSN ended with the digits “4904.”

3.  He served in Vietnam from 7 April 1966 to 6 April 1967 and he was transferred to Oakland, California where he was honorably released from active duty (REFRAD) on 6 April 1967 as an overseas returnee.  He completed 1 year, 9 months, and 13 days of active service.  His SSN is listed on his DD Form 214 as it was listed at the time of induction.

4.  On 9 June 1971, the applicant was honorably discharged from the United States Army Reserve under the SSN contained on the Social Security Card that was provided by the applicant.

5.  On 1 July 1969, the Army discontinued the issuance and use of the Army service number and began using the SSN for identification.  Prior to 1 July 1969, service members were not required to maintain an SSN in their records; however, they were usually recorded when provided by the individual Soldier.

6.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.  Changes that occur subsequent to the date the DD Form 214 is issued are not authorized for entry on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's SSN ended with the last four digits of "4904" at the time of REFRAD in 1967.  The applicant admits that he was issued the new SSN in 1969.  Therefore, there is no evidence of record or independent evidence that suggests his military records exhibit a material error or injustice.  

2.  For historical purposes, the Army has an interest in maintaining the integrity 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 that the applicant desires to now record his current 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 which confirms his current SSN will be filed in his official military personnel file (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and satisfy his desire to have his current 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)                                         AR20110006336



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ABCMR Record of Proceedings (cont)                                         AR20110006336



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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