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ARMY | BCMR | CY2011 | 20110015546
Original file (20110015546.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  7 February 2012

		DOCKET NUMBER:  AR20110015546 


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 the last digit of his social security number (SSN) as "3" instead of "5."

2.  The applicant states it was an administrative error.

3.  The applicant provides his:

* Social Security card
* DD Form 214

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 was inducted into the Army of the United States on 27 October 1965.  He completed training and he was awarded military occupational specialty (MOS) 11D (Armor Intelligence Specialist).

3.  At the time of his induction, a military service number was issued for identification purposes.  However, the applicant's record contains only two documents bearing an SSN, which is the same SSN as shown on his
DD Form 214:

* DA Form 20 (Enlisted Qualification Record), dated 1 November 1965 and last audited by the applicant on 7 June 1966
* DA Form 41 (Record of Emergency Data), dated 8 July 1966

4.  He was honorably released from active duty on 30 July 1967 as an overseas returnee.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  The
DD Form 214 he was issued at the time shows in item 2 (Service Number) the identification number he was issued and in item 3 (SSN) the number
"xxx-xx-xxx5."

5.  He provided a Social Security card that shows his SSN as "xxx-xx-xxx3."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his SSN is "xxx-xxx-xxx3" and his DD Form 214 should be corrected to show the number as shown on his Social Security card.

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.  The applicant is advised that a copy of this decisional document, which confirms his correct SSN, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have his correct SSN documented in his 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)                                         AR20110015546



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ABCMR Record of Proceedings (cont)                                         AR20110015546



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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