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ARMY | BCMR | CY2011 | 20110016249
Original file (20110016249.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:  16 February 2012

		DOCKET NUMBER:  AR20110016249 


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 his records be changed to show the third digit of his social security number (SSN) as "8" versus "6."  Specifically, he requests correction to his SSN listed on his Honorable Discharge Certificate and Orders D-09-062053, dated 4 September 1985.

2.  He states his SSN on his discharge certificate is in error.

3.  He provides his Honorable Discharge Certificate and Orders D-09-062053, dated 4 September 1985.

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's record shows he enlisted in the U.S. Army Reserve on 
29 September 1979 and was ordered to active duty for training on 23 November 1979.  He was honorably released from active duty on 19 April 1980 and credited with 4 months and 14 days of active service.

3.  A review of his military personnel records shows only two documents in his file with the third digit of his SSN listed as "8":  Enlistment/Reenlistment document, dated 29 September 1979 and Report of the National Agency Check (NAC)/Entrance (ENTNAC), dated 1 November 1979.  

4.  His Servicemen's Group Life Insurance Election and Record of Emergency Data, both dated 26 April 1980 and authenticated by him, show the third digit of his SSN as "6."  All other documents in his military personnel records, including his medical records and various orders show the third digit of his SSN as "6."  Additionally, his DA Form 2-1 (Personnel Qualification Record) shows a pen and ink change of the third digit of his SSN from "8" to "6."

5.  His DD Form 214, item 3 (SSN), shows the third digit of his SSN as "6."  His Honorable Discharge Certificate and discharge orders (D-09-062053) also show the third digit of his SSN as "6."  

6.  Army Regulation 635-5 (Separation Documents) states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

The applicant's Enlistment/Reenlistment document and Report of NAC/ENTNAC are the only two documents in his entire military personnel file that list the third digit of his SSN as "8."  All other documents in his military personnel records, including his Servicemen's Group Life Insurance Election, Record of Emergency Data, medical records, and various orders show the third digit of his SSN as "6." The evidence shows that throughout his service and at the time he was separated the third digit of his SSN was shown as "6."  Therefore, there is an insufficient basis for changing his SSN. 







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)                                         AR20110016249





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ABCMR Record of Proceedings (cont)                                         AR20110016249



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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