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ARMY | BCMR | CY2011 | 20110008048
Original file (20110008048.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  11 October 2011

		DOCKET NUMBER:  AR20110008048 


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 correct social security number (SSN).

2.  He states, in effect, that the SSN in item 32 (Remarks) of his DD Form 214 is incorrect.

3.  The applicant provides his DD Form 214; a copy of his Department of Health and Human Services, MEDICARE Health Insurance Card; and a copy of his Social Security Card from the Social Security Administration.

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 Regular Army on 29 September 1961.

3.  His entire military personnel records jacket (MPRJ) shows his service number instead of his SSN.  His DD Form 214 and DA Form 24 (Service Record) both cover his active duty service from 29 September 1961 through 6 October 1964 and are the only documents that contains his SSN. 

4.  On 6 October 1964, the applicant was honorably released from active duty.  Item 32 of his DD Form 214 shows his nine digit SSN as 5XX 5X 9XXX and his DA Form 24 shows the same identical SSN as 5XX 5X 9XXX.

5.  He submitted his social security card and Medicare health insurance card that show his nine digit SSN as "4XX 7X 0XXX” which does not come close to matching the SSN on his DD Form 214 and DA Form 24.

6. Army Regulation 635-5 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.  In pertinent part it states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
."
DISCUSSION AND CONCLUSIONS:

1.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually 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.

2.  Although it appears the applicant’s SSN might have been 4XX 7X 0XXX at that time (although the SSN card from the Social Security Administration does not conclusively confirm this), he appropriately served in the Army and was discharged under SSN 5XX 5X 9XXX.  While the applicant’s desire to have the records changed is understood, there is no basis for compromising the integrity of the Army’s records.  This Record of Proceedings will be filed in his military records so a record of his SSN will be on hand.

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)                                         AR20110008048





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ABCMR Record of Proceedings (cont)                                         AR20110008048



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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