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ARMY | BCMR | CY2011 | 20110010698
Original file (20110010698.txt) Auto-classification: Denied

		

		BOARD DATE:	  19 January 2012

		DOCKET NUMBER:  AR20110010698 


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 her service personnel records and her DD Form 214 (Report of Separation from Active duty) for the period ending 18 March 1988 to show her social security number (SSN) as "XXX-XX-6091."

2.  She states her DD Form 214 shows and incorrect SSN of "XXX-XX-4960."

3.  She provides copies of:

* her DD Form 214
* her social security card
* a Social Security Administration SSN verification statement, dated 29 April 2011

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 13 October 1982 under the SSN "XXX-XX-4960."

3.  All documents in her service records show her SSN as "XXX-XX-4960," including:

* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) which she signed on page 3
* DA Form 1695 (Oath of Extension of Enlistment) – which she also signed
* DA Form 873 (Security Determination) – which awarded her a security clearance under the SSN "XXX-XX-4960"
* DA Form 428 (Application for Identification Card) – which she signed for receipt of a new ID card under the SSN "XXX-XX-4960"

4.  On 18 March 1988, the applicant was discharged from active duty under honorable conditions.  Her DD Form 214 shows her SSN as "XXX-XX-4960."

5.  She submits an SSN verification statement that shows her SSN as 
"XXX-XX-6091."  Her social security card shows her SSN as "XXX-XX-6091."

6.  Army Regulation 635-5 (Separation Documents) 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.  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.  The evidence of record shows the applicant entered active military service using SSN "XXX-XX-4960."  Throughout her military service she signed official documents containing this SSN which she now states is incorrect.  However, her record consistently shows only one SSN, the SSN "XXX-XX-4960."

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 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, the ABCMR is reluctant to recommend that those records be changed.

3.  The applicant offers no basis for compromising the integrity of the Army's records.  This Record of Proceedings will be filed in her official military personnel file to document the SSN listed on her social security card and clarify any questions or confusion in regard to the difference in the SSN recorded in her military record and the SSN shown on the documents she submitted.

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 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)                                         AR20110010698



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ABCMR Record of Proceedings (cont)                                         AR20110010698



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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