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Decision Text

ARMY | BCMR | CY2011 | 20110012537
Original file (20110012537.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  13 December 2011

		DOCKET NUMBER:  AR20110012537 


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 records to show the second digit of her social security number as "7" instead of "6" as indicated on her social security card.  

2.  She states her social security number:

* on record is incorrect 
* doesn't match the number on her social security card issued by the Social Security Administration
* second digit should be a "7", but it's currently recorded as a "6"
* on her social security card has been verified with the Social Security Administration

3.  She provides her 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 enlisted in the Regular Army on 27 January 1983.  

3.  A review of her interactive Personnel Electronic Records Management System (iPERMS) record consistently shows the second digit of her social security number as “6” throughout her tenure of service.  

4.  At the completion of sufficient service, she retired from active duty on 31 January 2004.

5.  Item 3 (Social Security Number) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the second digit of her SSN as “6.”

6.  She provides a copy of her social security card which shows the second digit of her SSN as “7.”

7.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that 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 applicant’s contentions that her social security number on record is incorrect and doesn’t match the number on her social security card are acknowledged.  However, the documents in her military personnel records consistently show the second digit of her social security number as “6” throughout her tenure of 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 her correct social security number in her 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 her current social security number, will be filed in her Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the social security number recorded in her military records and to satisfy her desire to have her current social security number documented in her 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)                                         AR20110012537





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20110012537



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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