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Decision Text

ARMY | BCMR | CY2012 | 20120010320
Original file (20120010320.txt) Auto-classification: Denied

		IN THE CASE OF: 

		BOARD DATE:	      29 November 2012

		DOCKET NUMBER:  AR20120010320 


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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as it is listed on his social security card.

2.  The applicant states he made an honest mistake in thinking his SSN was successive to his father's SSN.  He further states he has been trying to get his SSN corrected on his DD Form 214 since March 2006, in order to obtain education benefits. 

3.  The applicant provides:

* DD Form 214
* VA Form 4138 (Statement in Support of Claim)
* Social Security Card
* Driver License
* Voter Registration 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.  The applicant enlisted in the Regular Army on 13 February 1981.

3.  A review of every document contained in the applicant's military personnel record shows the applicant served under a completely different SSN throughout his tenure of service than the one he now claims.

4.  The applicant provided a copy of a social security card which lists a totally different SSN than the one listed throughout the available record.

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.  The regulation in effect at the time of the applicant's separation stated the complete name and SSN of the separating service member would be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant requests to correct his DD Form 214 to show his SSN as it is listed on his social security card, all of the documents in his military service records show he served in the Army using a different SSN.

2.  The available evidence does not show he used the SSN listed on his social security card during the time that he served on active duty.

3.  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 record the requested 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.

4.  The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resources Record (AMHRR).  This should serve to clarify any questions or confusion in regard to the SSN recorded in his military records and to satisfy his desire to have his requested SSN documented in his AMHRR.

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)                                         AR20120010320



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20120010320



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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