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Decision Text

ARMY | BCMR | CY2012 | 20120002100
Original file (20120002100.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:  2 August 2012

		DOCKET NUMBER:  AR20120002100 


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 Social Security Number (SSN) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show "414-XX-XXXX instead of "410-XX-XXXX."

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

3.  The applicant provides:

* a copy of his DD Form 214
* a copy of 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 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.  When the applicant entered military service, the Army used service numbers, not the SSN, to identify Soldiers.  Service numbers were used by the U.S. Army from 1918 until they were officially phased out and replaced by the SSN on 12 July 1969.  Alphabetical prefixes – RA for Regular Army Soldiers, US for inductees, and NG for National Guard Soldiers – were added to the service number.

3.  The applicant was inducted into the Army of the United States on 11 January 1966.  He served 2 years and was honorably separated on 10 January 1968.

4.  When he separated from the Army he only had two documents in his military service records with the SSN as 410-XX-XXXX.  The documents were Special Orders Number 4, issued by the U.S. Army Aviation Center, dated 4 January 1968 and his DD Form 214. 

5.  The applicant provided his SSN card that shows his SSN as "414-XX-XXXX."

6.  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.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service records show his SSN as 410-XX-XXXX.  He now provides his SSN card that shows his SSN as 414-XX-XXXX.

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, especially when the record cannot be absolutely verified one way or another.  While it is understandable the applicant desires to now record his correct SSN in his military records, there is not a sufficiently compelling reason to decide which SSN was correct during the period he served.

3.  The applicant is advised that a copy of this decisional document will be filed in his records.  This should serve to clarify any questions or confusion in regard to the different SSNs recorded in his military record and to 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)                                         AR20120002100





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ABCMR Record of Proceedings (cont)                                         AR20120002100



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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