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ARMY | BCMR | CY2011 | 20110006346
Original file (20110006346.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	    6 October 2011

		DOCKET NUMBER:  AR20110006346 


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 social security number (SSN) as "XX4-9X-XXX5" vice "XX2-0X-XXX9."

2.  The applicant states the wrong SSN is shown on his DD Form 214.

3.  The applicant provides his DD Form 214 and a 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's records show he enlisted in the Regular Army (RA) on 15 February 1977 and he held military occupational specialty 63F (Recovery Specialist).
3.  His DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 15 February 1977, listed his SSN as "XX2-0X-XXX9."  He authenticated this form by placing his signature in the appropriate block.

4.  His record contains three DA Forms 2627 (Record of Proceedings Under Article 15, UCMJ [Uniform Code of Military Justice]), dated 30 November 1977, 18 July 1978, and 4 June 1979, all of which show his SSN as "XX2-0X-XXX9."  He authenticated each form by placing his signature in the appropriate block.

5.  His records contain numerous personnel, finance, medical, and legal documents including a record of a Servicemen’s Group Life Insurance Election, assignment orders, and various other orders that show his SSN as "XX2-0X-XXX9."

6.  He was honorably released from active duty on 17 February 1980 and transferred to the U.S. Army Reserve.  He completed 3 years of creditable active service.  Item 3 (SSN) of his DD Form 214 shows his SSN as "XX2-0X-XXX9."  He authenticated this form by placing his signature in the appropriate block.

7.  The applicant provides a social security card that lists an individual with the same full name and the SSN of "XX4-9X-XXX5."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of records shows that upon his enlistment in the RA on 15 February 1977, the applicant listed his SSN as "XX2-0X-XXX9."  This SSN is consistent with the SSN he used on various documents throughout his military service.  He authenticated many documents by placing his signature in the appropriate place indicating his SSN was correct.  He did not use the SSN that he now claims during his period of military service.

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.  In view of the foregoing, there is insufficient evidence to grant him relief in this case. 

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)                                         AR20110006346





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ABCMR Record of Proceedings (cont)                                         AR20110006346



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