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Decision Text

ARMY | BCMR | CY2011 | 20110022775
Original file (20110022775.txt) Auto-classification: Denied

		
		BOARD DATE:	  24 May 2012

		DOCKET NUMBER:  AR20110022775 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show her social security number (SSN) as "xxx-7x-xxxx."

2.  The applicant states the SSN is incorrect on her DD Form 214.

3.  The applicant provides:

* DD Form 214
* 3 Social Security Cards
* a letter from the Social Security Administration
* Form SSA-2458 (Report of Confidential Social Security Benefit Information)

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 military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, the applicant's reconstructed record consisting of her DD Form 214 and documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.

3.  The applicant’s DD Form 214 shows she enlisted in the Women’s Army Corps on 15 February 1965 for a period of 3 years.  She served in military occupational specialty 71B (clerk typist.)  She was honorably discharged on 1 December 1965 by reason of marriage.  Item 32 (Remarks) contains the entry "SSAN (Social Security Account Number):  xxx-4x-xxxx."  She authenticated the form by placing her signature in the appropriate block.

4.  The applicant provides copies of her three social security cards that show her SSN as "xxx-7x-xxxx."  She also provides documentation from the Social Security Administration (SAA) that verifies her SSN as "xxx-7x-xxxx."

5.  Army Regulation 635-5 (Separation Documents), prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  This regulation establishes standardized policy for the preparation of the DD Form 214.  It states that the complete name and SSN of the separating service member would be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her military records should be corrected to show her SSN as "xxx-7x-xxxx" was carefully considered and determined to lack merit.

2.  The evidence of record shows her SSN appeared as "xxx-4x-xxxx" on her
DD Form 214, the only document in her available service personnel record during her period of military service.  She authenticated her DD Form 214 by placing her signature in the appropriate block.

3.  Based on her Social Security card, her SSN is actually "xxx-7x-xxxx"; however, there is no evidence to show this is the SSN she used when she served on active duty.
4.  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 SSN in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

5.  The applicant is advised that a copy of this decisional document, which confirms her current SSN, 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 SSN recorded in her reconstructed military record and to satisfy her desire to have her current SSN 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)                                         AR20110022775



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ABCMR Record of Proceedings (cont)                                         AR20110022775



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