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ARMY | BCMR | CY2011 | 20110021857
Original file (20110021857.txt) Auto-classification: Denied

		

		BOARD DATE:	 24 April 2012 

		DOCKET NUMBER:  AR20110021857 


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 his social security number as (SSN) "246-XX-XXXX" vice "248-XX-XXXX."

2.  The applicant states his SSN is wrong on his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and 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's records show he was inducted into the Army of the United States (AUS) on 27 July 1966 and he held military occupational specialty 95B (Military Policeman).

3.  The DD Form 398 (Statement of Personal History), dated 26 July 1966, he completed in conjunction with his induction shows he listed his SSN as 
"248-XX-XXXX."

4.  His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN as "248-XX-XXXX."  He reviewed this form at a later date and authenticated it by placing his signature in the appropriate block.

5.  His records contain various forms and orders that list only his Army service number and not his SSN.

6.  Special Orders Number 136 issued by Headquarters, Fort Monroe, Fort Monroe, VA, dated 9 July 1968, released him from active duty effective 26 July 1968.  These orders show his SSN as "248-XX-XXXX."

7.  He was honorably released from active duty on 26 July 1968 and transferred to the U.S. Army Reserve.  He completed 2 years of creditable active service.

8.  Item 3 (SSN) of his DD Form 214 shows his SSN as "248-XX-XXXX."

9.  The applicant provides his social security card that contains his full name and the SSN "246-XX-XXXX."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant listed his SSN as "248-XX-XXXX" upon his induction into the AUS.  His DA Form 20 created when he entered active duty shows his SSN as "248-XX-XXXX."  Other documents filed in his record prior to his release from active duty contain only his Army service number, not his SSN.

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 current 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.  Therefore, there is an insufficient evidentiary basis for granting the requested relief.

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)                                         AR20110021857



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ABCMR Record of Proceedings (cont)                                         AR20110021857



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