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ARMY | BCMR | CY2012 | 20120008702
Original file (20120008702.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:  15 November 2012

		DOCKET NUMBER:  AR20120008702 


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 his DD Form 214 (Report of Separation from Active Duty) be corrected to show the last digit of his Social Security Number (SSN) is a “3” instead of a “2” as currently reflected.

2.  The applicant states that his DD Form 214 incorrectly reflects the last digit of his SSN in block 3 contains the number “2,” when in fact it is a “3.”

3.  The applicant provides a copy of his DD Form 214, Social Security Card, and driver’s license.

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 enlisted in the Regular Army on 26 February 1976 for a period of 4 years and training as a radio teletype operator (Non-Morse).  At the time of his enlistment he indicated that his SSN ended with the number “2.”

3.  He completed his training at Fort Gordon, Georgia and remained there for his first and final assignment.

4.  On 3 June 1977, he was discharged.  He had served 1 year, 3 months, and   8 days of active service.  His DD Form 214 issued at the time of his discharge shows that his SSN ended with the number “2.”

5.  A review of his official records shows that all of the documents, including those prepared by the applicant, show that his SSN ended with the number “2.”  Additionally, there is no evidence in those records to indicate that the applicant ever indicated that his SSN was incorrectly reflected in his records.

6.  The Social Security Card provided by the applicant with his application shows that the last digit of his SSN is a “3.”

7.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.   

DISCUSSION AND CONCLUSIONS:

1.  At the time the applicant enlisted he provided an SSN that ended with the number “2” and all of the documents contained in his official records, to include those completed by the applicant, contain the last digit of “2.”  He has offered no explanation as to why he served under an SSN other than that which is listed on his Social Security Card.

2.  For historical purposes, the Army has an interest in maintaining the integrity 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 change his 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.  The applicant is advised that a copy of this decisional document which confirms the SSN he is currently using will be filed in his official military records.  This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military record and to satisfy his desire to have his current SSN documented in his official military records.  Accordingly, there is no basis for granting the applicant's 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 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)                                         AR20120008702





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20120008702



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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