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ARMY | BCMR | CY2012 | 20120000662
Original file (20120000662.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	 10 July 2012

		DOCKET NUMBER:  AR20120000662 


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 amend his social security number (SSN) from "X34-67-XXXX" to "X67-34-XXXX."

2.  The applicant states his SSN is incorrect.

3.  The applicant provides his DD Form 214 and his 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 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.  On 27 July 1964, in preparation for his upcoming enlistment in the Regular Army, the applicant completed a DD Form 398 (Statement of Personal History), on which he listed his SSN as "X34-67-XXXX."

3.  On 5 August 1964, he enlisted in the Regular Army.  Item 2 (Service Number) of his DD Form 4 (Enlistment Record – Armed Forces of the United States) shows his service number; his SSN does not appear on this form.

4.  Item 1 (Name and Service Number) of his DA Form 20 (Enlisted Qualification Record) shows his service number; his SSN does not appear on this form.

5.  The majority of documents in his military personnel records jacket (MPRJ) identify him by his service number; however, certain documents do identify him by his SSN.  Those documents show his SSN as "X34-67-XXXX."  When required by the form, he authenticated these documents by placing his signature where necessary.  The requested SSN does not appear on any documents in his MPRJ. 

6.  On 22 July 1967, he was honorably released from active duty and transferred to the U.S. Army Reserve.  Item 3 of his DD Form 214 shows his SSN as 
"X34-67-XXXX."

7.  He provides a copy of his social security card that shows his SSN as "X67-34-XXXX."

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate and reflect the conditions as they existed at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the Regular Army on  5 August 1964 using SSN "X34-67-XXXX."  He consistently used this SSN throughout his entire period of military service.  He authenticated several documents by placing his signature in the appropriate blocks indicating this was his correct SSN.  He did not use the requested SSN during his service.

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.  There is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record his requested SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.  Therefore, absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, were correct at the time and there is insufficient evidence to grant him relief in this case.

3.  Lacking convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, were correct at the time and 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)                                         AR20100016576



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ABCMR Record of Proceedings (cont)                                         AR20120000662



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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