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Decision Text

ARMY | BCMR | CY2011 | 20110010168
Original file (20110010168.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	    15 November 2011

		DOCKET NUMBER:  AR20110010168 


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, in effect, the fourth and fifth digits of his social security number (SSN) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed from 18 to 19.

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

3.  The applicant provides:

* his SSN card
* a letter from the Army Review Boards Agency, dated 25 April 2010

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.  He enlisted in the Regular Army on 25 July 1973 for a period of 2 years.  He did not complete basic combat or advanced individual training.  

3.  Item 3 (Service No./SSAN) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows the fourth and fifth digits of his SSN as 18.

4.  A DD Form 398 (Statement of Personal History), that he signed on 23 July 1973, indicates the fourth and fifth digits of his SSN as 18.  

5.  His DA Form 20 (Enlisted Qualification Record) shows the fourth and fifth digits of his SSN as 18.

6.  The documents throughout his Military Personnel Records Jacket (MPRJ) shows the fourth and fifth digits of his SSN as 18 during his period of military service.

7.  On 25 September 1973, he was discharged.  Item 3 (Social Security Number) of his DD Form 214 shows the fourth and fifth digits of his SSN as 18.

8.  The SSN card he submitted shows the fourth and fifth digits of his SSN as 19.

DISCUSSION AND CONCLUSIONS:

1.  His DD Form 4, DD Form 398, DD Form 214, and documents throughout his MPRJ show his SSN with the fourth and fifth digits as 18.  

2.  The SSN card he submitted shows the fourth and fifth digits of his SSN as 19.

3.  For historical purposes, the Army has an interest in maintaining the integrity 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, this Board is reluctant to recommend that those records be changed.  

4.  This Record of Proceedings, along with the applicant's application and supporting documents, will be filed in his military record to provide clarity and to deal with any confusion that may arise regarding the difference in his SSN.  Filing the Board's decisional document will also guarantee the historical integrity of the applicant's military record regarding the SSN under which he served.

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)                                         AR20110010168





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20110010168



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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