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ARMY | BCMR | CY2011 | 20110021773
Original file (20110021773.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	 8 May 2012 

		DOCKET NUMBER:  AR20110021773 


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 change the fifth digit of his Social Security Number (SSN) to read “6” instead of “8.”

2.  He states an error occurred when listing his SSN.  

3.  He provides:

* a copy of his DD Form 214
* a letter from the Social Security Administration (SSA)
* a copy of his Social Security Account Number (SSAN) 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.  He was inducted into the Army on 13 November 1967.  The DD Form 47 (Record of Induction) completed at his time of entry into the service shows his SSN with the fifth digit "8."

3.  The applicant's record also contains the following documents which all show the fifth digit of his SSN as "8":

* DA Form 41 (Record of Emergency Data)
* Page 1 of his DA Form 20 (Enlisted Qualification Record)
* Letters Orders Number 10 - 1276046, dated 24 October 1973

4.  He was honorably released from active duty on 16 June 1969, after completing 1 year, 7 months, and 5 days of total active service.  Item 3 (SSN) of his DD Form 214 shows the fifth digit as “8.”  

5.  He provided a letter from the SSA and a copy of his SSAN card which depicts the fifth digit of his SSN as “6.”

6.  Army Regulation 635-5 (Separation Documents) provides guidance on the preparation of the DD Form 214.  This regulation has historically stated that item 3 of the DD Form 214 will contain the SSN taken from the Soldier's personnel record.

DISCUSSION AND CONCLUSIONS:

1.  His request to change his SSN on his DD Form 214 was carefully considered; however, it is not supported by the evidence of record.

2.  He provided a letter from the SSA and a copy of his SSAN card which shows his SSN with the fifth digit of “6.”  The SSN entered on his Record of Induction shows he used "8" as the fifth digit and continued to use this number throughout his military career.  

3.  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.

4.  He is advised that a copy of this decisional document, which shows his current 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 the correct SSN documented in his OMPF.

5.  Therefore, there is insufficient evidence to grant him relief in this case.

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)                                         AR20110021773





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ABCMR Record of Proceedings (cont)                                         AR20110021773



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