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IN THE CASE OF:
BOARD DATE: 12 June 2012
DOCKET NUMBER: AR20120000011
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, in effect, correction of the Social Security Number (SSN) shown on his DD Forms 214 (Report of Separation from Active Duty) dated 17 May 1975 and 29 August 1978.
2. He states his SSN was not recorded correctly.
3. He provides his DD Forms 214 and his SSN 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Army National Guard of the United States on
7 December 1974. Item 2 (SSN) of his DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) completed when he enlisted shows SSN XXX-XX-XX0X.
3. Item 3 (SSN) of his DD Form 214 for the period ending 17 May 1975 shows SSN XXX-XX-XX0X.
4. The applicant enlisted in the U.S. Army Reserve on 1 February 1978. His DD Form 214 for this enlistment shows SSN XXX-XX-XX0X. He entered active duty on 11 April 1978 and was honorably discharged on 29 August 1978 after serving 4 months and 11 days. His DD Form 214 for this period shows XXX-XX-XX0X.
5. A review of his Official Military Personnel File (OMPF) shows he served under the SSN XXX-XX-XX0X throughout his Army service. It also contains documents that required his signature contain the SSN he now claims is incorrect.
6. He provides a Social Security Number card showing his SSN as XXX-XX-XX8X.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time of the applicant's separation stated the
DA Form 20 and documents on file in the MPRJ were the primary sources for information for entries on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of the SSN listed on his DD Forms 214 has been carefully considered. However, there is insufficient information to support this claim
2. The evidence of record shows the applicant entered active service using SSN XXX-XX-XX0X, and throughout his period of military service he signed official documents containing SSN XXX-XX-XX0X, which he now claims is incorrect. Therefore, there is no basis for granting the applicant's requested relief.
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 Armys records at this late date.
4. The applicant is advised that a copy of this decisional document, which shows the SSN he currently uses, will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and satisfy his desire to have his correct SSN documented in his military record.
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) AR20120000011
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ABCMR Record of Proceedings (cont) AR20120000011
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